Challenging a Breathalyzer Test in California: What You Need to Know
A DUI charge in California can have serious consequences, from license suspension to hefty fines and even jail time. But did you know that Breathalyzer tests aren’t always accurate? If you’ve been arrested for DUI in San Diego, challenging the results of a breath test could be key to your defense.
How a Breathalyzer Test Works
When a police officer suspects a driver is under the influence, they may use a portable breath test (PBT) during a traffic stop or a more advanced evidentiary Breathalyzer machine at the station. These devices estimate Blood Alcohol Content (BAC) by measuring alcohol in the breath. However, despite their widespread use, these machines aren’t foolproof.
Common Reasons a Breathalyzer Test Can Be Inaccurate
Breathalyzer results can be challenged due to a variety of factors, including:
- Improper Calibration & Maintenance
Breathalyzers must be regularly calibrated and maintained to ensure accuracy. If a device hasn’t been properly serviced, its results can be unreliable. Police departments in California are required to keep maintenance records, and any discrepancies can be used in your defense.
- Medical Conditions & Diet
Certain medical conditions and diets can lead to false positives on a Breathalyzer test, including; Diabetes, Keto/Low-Carb Diets, or Gastroesophageal Reflux Disease (GERD) and Acid Reflux.
- Mouth Alcohol Contamination
Residual mouth alcohol can skew results if you recently consumed alcohol or used products like; mouthwash, breath sprays, and certain medications (e.g., cough syrups containing alcohol).
- Improper Administration by Law Enforcement
Officers must follow strict procedures when administering Breathalyzer tests. If they fail to observe you for at least 15 minutes before testing (to ensure no burping, eating, or drinking), the results may be invalid.
Legal Defenses for Challenging a Breathalyzer Test in San Diego
If you’ve been charged with a DUI in California, here are some potential legal defenses your attorney may use:
- Questioning the Machine’s Accuracy
- Proving Officer Error
- Demonstrating Medical or Dietary Impact
- Challenging Probable Cause for the Stop
What to Do If You’re Facing a DUI in San Diego
If you’ve been charged with a DUI in California, it’s critical to act fast. A DUI conviction can lead to fines, license suspension, and even jail time. The good news is that an experienced San Diego DUI lawyer can fight to have your charges reduced or dismissed. Contact California DUI Lawyers Association Specialist, Rick Mueller, today.
Challenging a Breathalyzer Test in California: What You Need to Know