Los Angeles DUI and Smoking

One of the most common pieces of evidence used in convicting people of driving under the influence of alcohol is the Los Angeles breath analysis test results.   Breath analysis machines, or breathalyzers, analyze the chemical compounds in a suspect's breath, looking for signs of alcohol.   Breath analysis machines specifically look for compounds that contain the methyl group, which is found in alcoholic drinks.  Since their invention and widespread use by law enforcement in determining the sobriety of drivers, breathalyzers have been frequently criticized for a variety of reasons.  Many  breath analysis machines need to be cleaned and recalibrated after each use or residue from prior breath tests can lead to falsely high alcohol readings over the course of a police officer's shift.  Other breathalyzers only give accurate readings under very specific conditions, leading to inaccuracy in extremely cold or warm settings.  One of the biggest critiques against the use of  breath analysis machines in Los Angeles in convicting people of driving under the influence of alcohol is that they frequently test for all chemical compounds similar to methyl group in molecular structure, many of which are not alcohol at all.  Cold medications, breath sprays and mouthwash are frequently misinterpreted by breath analysis machines as alcohol.  While everybody knows that alcohol can and does impair judgment and reaction times while driving, it is doubtful that mouthwash would have that effect on drivers.

Los Angeles DUI defense attorneys work hard to analyze all the data regarding Los Angeles DUIs, forcing them to be scientists as well as lawyers.  Recent scientific research also suggests that smoking cigarettes may also lead to falsely high readings on Los Angeles breath analysis machines.  Because  breath analysis machines look for methyl group compounds and assume the compound was caused by alcohol consumption, the machines cannot distinguish between alcohol and acetaldehyde.  Acetaldehyde is produced in small amounts by the liver during alcohol consumption.  Smokers also carry small amounts of acetaldehyde in their lungs as a by-product of smoking which, in turn, leads to higher readings on breathalyzer tests.  Aside from the acetaldehyde, smoking also influences the body's absorption of alcohol, which can also lead to inaccurate breathalyzer test readings and make it much more difficult to know exactly how much alcohol a driver has consumed.  To date, a blood test is still the most accurate method of determining a person's blood alcohol concentration.

If you have been charged with driving under the influence of alcohol, call the attorneys at Kestenbaum, Eisner & Gorin, LLP today.  Our attorneys have a combined five decades in successfully defending against DUI charges.  Our experience has shown us time and time again that breathalyzer test results are at best unreliable.  Call us today to begin preparing your defense.