Failed Breath Test

Many Los Angeles DUI Defense Attorneys represent people who have failed Breath Tests administered during a DUI stop, or after an individual is taken into the police station.  A recent reality TV star experienced first hand what it is like to fail a  Breath Test.

Megan Hauserman, star of many VH1 Reality Shows such as "I Love Money" and "Megan Wants to Marry a Millionaire" was pulled over and arrested for a DUI this week.  Megan was pulled over at 3:15 AM in her black BMW, weaving between lanes, driving at 75 miles per hour in a 55 miles per hour zone.  She blew a .102 on her Breath Test and was taken into custody.  She claimed to have been taping a TV show and was tired, but police say she was leaving her job at a strip club.

One major frustration of any Los Angeles DUI Defense Attorney is thatBreath Tests are not as reliable as the police, prosecutors and the courts would like you to believe.  At Kestenbaum, Eisner & Gorin, LLP, our defense lawyers often devise defense strategies that target the validity of any  Breath Test, challenging the technology, the way the test was administered and everything else about the test.

A Breath Test measures the Blood Alcohol Concentration (BAC) of the person taking the test, and a .08 is the legal limit for anyone driving a car.  The problem with the way BAC is used, is that it does not take too many factors into consideration.  For example, BAC may be less important depending upon the driver's:

• Body Weight
• Metabolism
• Rate of alcohol absorption
• Body Temperature
• Medical Issues
• Frequency of drinking
• Amount of air you blow into a breathalyzer

All of these can greatly affect what the result of the Breath Test is, but police will not take those issues into consideration.  For any Los Angeles DUI Defense Attorney, protecting the rights of their clients involves thoroughly analyzing any Breath Test.

If you or someone you love has been charged with a Los Angeles DUI based upon a failed Breath Test, contact the Los Angeles DUI Defense Attorney team at Kestenbaum, Eisner & Gorin today by calling 877-781-1570.