Faulty Breath Analysis Machines in Los Angeles
Los Angeles Dui defense attorneys understand the pitfalls of relying onbreath-analysis machines (or breathalyzers) as evidence in court. Former major league baseball player Jim Leyritz experienced just how unreliable
breath analysis machines can be this past week.
Leyritz, who played for the Los Angeles Dodgers and the (now) Los Angeles Angels of Anaheim, had a court-ordered ignition interlock device installed in his car stemming from a 2007 DUI-related collision in which a 30 year-old woman died. To use an ignition interlock device, a person must blow into a tube on the device in order for the car to start. If the person's breath analysis yields any alcohol, then the device will lock down the car making the driver unable to start it and drive while under the influence of alcohol. Leyritz blew into the device after lunch one day last week and the device indicated he had been drinking -which Leyritz claimed he had not. He tried a second time, with better results, but panicked that his prior positive reading would have him arrested anyway.
Conditions of his bail required Leyritz to download the device's reports on a weekly basis as well as submit urine samples to determine his alcohol consumption. A friend of his called local police after becoming fearful that in Leyritz's panic he might harm himself and police took Leyritz to a local hospital. Urine samples indicated that he had not been drinking and the machine must have made a technical error in its initial reading. Leyritz's case is just one of a growing number that highlight the difficulties of relying on breath analysis machines to determine a subject's sobriety or level of intoxication. While ignition interlock devices are supposed to be "fail-safe," they obviously are prone to technical glitches and inaccurate readings.
Another problem is that most ignition interlock devices require multiple re-tests while the car is in motion, which can divert a driver's attention and possibly lead to more collisions. One DUI offender with an ignition interlock device filed a lawsuit claiming he passed out and crashed while doing a rolling re-test. Ignition interlock devices and breath analysismachines in general are not as reliable as law enforcement officials or Mothers Against Drunk Driving (M.A.D.D.) would have the public believe.
An experienced Los Angeles DUI defense attorney knows that, and knows that breath analysis machine readings are not always the evidence that prosecutors can use to get you convicted of driving under the influence of drugs or alcohol. If you have been charged with driving under the influence, call the Los Angeles DUI defense attorneys at Kestenbaum, Eisner & Gorin, LLP today.
Our attorneys have years of experience in successfully defending people against DUI charges, or even getting charges dismissed. Call today to see what your options are.