DUI Defense: Questioning the Validity of Breath Tests

The Los Angeles DUI lawyers at Kestenbaum Eisner & Gorin, LLP will work to develop a courtroom strategy to contest the validity of the breath test that was used to determine your blood alcohol concentration.

Blood alcohol concentration, or BAC, is the concentration of alcohol in your blood and is what law enforcement officials use to determine whether or not you are guilty of a DUI offense.  Many errors may be made in how a breath test is administered, how the machine is calibrated, and how the results are interpreted. In addition, each person’s body and its functions are different and this may affect your breath test.

An experienced DUI attorney at our office may be able to use any one of a number of defenses in regard to these chemical tests.  As former DUI prosecutors, our defense specialists are keenly aware of the most effective courtroom approach to questioning the validity of your breath test. 

Validity of Breath Tests & Breathalyzers
The results of a California breath test will depend upon several factors, all of which may adversely affect your results:

• Your body weight
• The quantity and rate of alcohol ingestion
• Your metabolism
• The rate of alcohol absorption
• The amount of air you blow into a breathalyzer
• Your body temperature
• Medical issues (such as acid reflux)
• Braces, dentures, or similar oral fixtures
• Special diets, such as low carbohydrate-high protein diets

Different types Of Breath Tests
There are two general forms of breath tests which may be used by California law enforcement agencies to determine whether a person’s blood alcohol level is above the legal limit. One is a portable breath testing device (a PAS device), and the other is a breath testing machine that is used at the police station, otherwise known as the evidentiary breath testing machine.

Portable breath tests, as well as breath and blood tests taken at a law enforcement agency, are known for their inaccuracy and susceptibility to operator error or misuse.  Both PAS machines and evidentiary breath test machines have records of each test, result, calibration, etc. and your DUI attorney can get these records and examine them for errors or signs that the results are incorrect.  If you submitted to breath testing and were found to have a BAC of .08% or above, you may be able to contest those findings with the help of your DUI attorney.  A skilled DUI attorney will be certified in administering these machines and will know their weaknesses.

Our DUI Defense Specialists
Kestenbaum Eisner & Gorin, LLP has over 50 years experience in litigating DUI charges. Our DUI defense law firm is available for an immediate consultation seven days per week.