How Breathalyzer Results Can Be Challenged
Breathalyzer tests may seem like reliable evidence, but there are many ways to challenge their accuracy. One of the first questions to ask is whether the 15-minute observation period was followed before administering the test. Without this, the results can be invalid.
Other factors, like recent mouthwash use, can also skew results. Mouthwash containing alcohol can create falsely high blood alcohol content (BAC) readings, sometimes as high as 0.20, for several minutes.
Additionally, the breathalyzer device itself must be properly calibrated. California law requires machines to be tested every 10 days or after 150 uses, whichever comes first. If calibration records are missing or show discrepancies, the test results may be inadmissible.
Why Field Sobriety Tests Are Often Unreliable
Field sobriety tests are often portrayed as objective, but in reality, they are highly subjective. The results depend on the officer’s observations and experience. Officers with limited training or bias can misinterpret natural behavior as signs of intoxication.
For example, nervousness or physical conditions unrelated to alcohol can lead to failed tests. Even sober individuals sometimes struggle to perform these tests under pressure. In fact, there have been cases where officers themselves could not complete field sobriety tests while testifying in court.
By examining the video evidence, driving patterns, and the circumstances under which the tests were conducted, a skilled DUI attorney can uncover inconsistencies that could invalidate the results.
Can Blood Alcohol Tests Be Wrong?
Blood alcohol tests are often considered more reliable than breathalyzers, but they are not infallible. Mistakes in the collection, storage, and analysis of blood samples can lead to inaccurate results.
For example, the use of alcohol-based cleaning substances before drawing blood can contaminate the sample, artificially inflating BAC levels. In one case, a client’s blood alcohol level jumped from 0.04 on a breath test to 0.22 on a blood test because of improper cleaning procedures.
Even after the blood is drawn, errors in handling can compromise the sample. Was the blood properly mixed with preservatives and anticoagulants? Was it stored at the correct temperature? If not, the blood can ferment and produce alcohol, skewing the results.
Should You Take Your DUI Case to Trial?
Deciding whether to fight your DUI charge in court or accept a plea deal is one of the most critical decisions you’ll face. Each case is unique, and the potential outcomes can vary widely depending on your personal circumstances and the evidence against you.
For professionals like doctors, nurses, or individuals with specialized licenses, even a first-time DUI conviction can have life-altering consequences. On the other hand, some clients may prioritize avoiding jail time and moving on with their lives.
Our team evaluates the strength of the evidence, the credibility of witnesses, and the potential impact on your future before recommending a course of action. With over 179 jury trials and 200 court trials under our belt, we know which cases are winnable and which may require negotiation.
Common Questions About DUI Defense
What happens if the breathalyzer wasn’t calibrated?
If the breathalyzer wasn’t properly maintained or calibrated, the results may be inadmissible in court. Your attorney can request calibration records to determine if the machine was compliant with regulations.
Can I fight a DUI even if I failed a field sobriety test?
Yes. Field sobriety tests are subjective and often flawed. Factors like fatigue, medical conditions, or anxiety can affect performance. An experienced attorney can challenge the validity of the test results.
Are blood alcohol tests always accurate?
No. Mistakes in collection, storage, or analysis can lead to errors. Your attorney will investigate whether proper protocols were followed at every stage of the process.
What are the risks of going to trial for a DUI?
While winning a trial means no conviction, losing can result in harsher penalties, including jail time. Your attorney will help you weigh the potential risks and benefits based on your unique circumstances.
Building a Strong Defense
At David Lehr Law – Strongest Defense, we understand that facing a DUI charge can be overwhelming. Our goal is to provide you with a clear path forward, whether that means challenging faulty evidence or negotiating the best possible outcome.
With decades of experience and thousands of DUI cases handled, we’ll guide you through every step of the process. Don’t face this alone—let us fight for your future.
