How a Skilled San Francisco DUI Lawyer Can Challenge Breathalyzer Results

Driving under the influence (DUI) charges in California can have severe consequences, including hefty fines, license suspension, and even jail time. Many DUI cases rely heavily on breathalyzer results as evidence against the accused. However, these results are not always as reliable as they seem. A skilled San Francisco DUI Lawyer can challenge breathalyzer evidence in multiple ways, potentially weakening the prosecution’s case and increasing the chances of a favorable outcome.

Understanding How Breathalyzers Work:

Breathalyzers are devices designed to measure blood alcohol concentration (BAC) by analyzing a person’s breath. When a driver exhales into the device, it estimates the amount of alcohol present in their bloodstream. While this may seem straightforward, numerous factors can affect the accuracy of these readings.

California law considers a BAC of 0.08% or higher as legal intoxication for drivers over 21. For commercial drivers, the limit is 0.04%, and for those under 21, it is just 0.01%. A DUI conviction often hinges on these readings, but breathalyzer results can be challenged on various grounds.

Factors That Affect Breathalyzer Accuracy:

Several issues can lead to inaccurate breathalyzer readings, including improper device calibration, medical conditions, and environmental factors. Understanding these potential errors is crucial in building a strong DUI defense.

Device Calibration and Maintenance Issues:

Breathalyzer machines require regular calibration and maintenance to ensure their accuracy. If a device is not properly maintained, it may produce false readings. California law mandates that breathalyzers undergo routine checks, and any lapses in maintenance could render the results unreliable. A skilled DUI attorney can request maintenance records to determine whether the device used in a case was properly calibrated.

Operator Errors and Testing Procedures:

Even a properly calibrated breathalyzer can produce incorrect results if not used correctly. Law enforcement officers must follow strict protocols when administering a breathalyzer test. Failure to adhere to these procedures can lead to inaccurate results.

For example, officers must observe a suspect for at least 15 minutes before administering the test to ensure they have not consumed food, alcohol, or other substances that could affect the reading. If this protocol is not followed, the test results may be challenged.

Medical Conditions and Medications:

Certain medical conditions and medications can cause false-positive breathalyzer results. Acid reflux, diabetes, and even some diets can lead to elevated BAC readings. For example, individuals with gastroesophageal reflux disease (GERD) may experience alcohol vapors from their stomach affecting the breathalyzer reading, leading to a false high BAC result.

Additionally, some over-the-counter and prescription medications contain alcohol, which can be detected by a breathalyzer even if the individual has not consumed any alcoholic beverages. A DUI lawyer can present medical evidence to challenge the legitimacy of the breath test results.

Mouth Alcohol Contamination:

Breathalyzers are supposed to measure deep lung air, not residual mouth alcohol. However, alcohol from mouthwash, breath sprays, or recent drinking can remain in the mouth and skew the results. The 15-minute observation period before the test is meant to reduce this risk, but if an officer fails to follow proper procedure, the results may be inaccurate.

Environmental Factors:

External factors such as exposure to chemicals, fumes, or even certain foods can impact breathalyzer readings. For instance, individuals working with industrial chemicals or in environments with high levels of paint or gasoline fumes may unknowingly absorb substances that could interfere with the test results. This type of exposure can lead to falsely elevated BAC readings.

Legal Strategies to Challenge Breathalyzer Results:

A skilled DUI lawyer can use various legal strategies to challenge breathalyzer evidence in court. These strategies aim to create doubt about the accuracy of the BAC reading and demonstrate that the evidence should not be used against the defendant.

Questioning the Reliability of the Breathalyzer

One of the most effective ways to challenge a breathalyzer result is to question the reliability of the device itself. If there is evidence that the device was not properly calibrated or maintained, a lawyer can argue that the test results are unreliable. This can lead to the exclusion of the breath test evidence from the case.

Highlighting Police Errors

Any procedural errors made by law enforcement officers can be grounds for challenging breathalyzer results. If the officer did not follow proper protocols, failed to observe the suspect for the required time, or did not administer the test correctly, the defense can argue that the test results are invalid.

Presenting Medical Evidence

Medical conditions that could have influenced the breathalyzer results can be used as part of the defense strategy. A DUI lawyer can present medical records or expert testimony to explain how a client’s health condition could have affected the test results, creating reasonable doubt about the accuracy of the BAC reading.

Demonstrating Alternative Explanations for Elevated BAC:

A lawyer may present evidence showing that environmental factors, diet, or even recent dental work could have caused an elevated BAC reading. By offering alternative explanations, the defense can argue that the breathalyzer results do not accurately reflect the individual’s actual level of intoxication.

Why Hiring a DUI Lawyer Matters?

Facing DUI charges can be overwhelming, and trying to fight them alone can be risky. A skilled DUI lawyer has the expertise to analyze every aspect of the case, from breathalyzer reliability to police procedures, and develop a strong defense strategy.

An attorney can negotiate with prosecutors to reduce charges, challenge questionable evidence, and, in some cases, get the charges dismissed entirely. Having an experienced legal professional on your side significantly increases the chances of a favorable outcome.

Conclusion:

Breathalyzer results are not always accurate, and there are many ways to challenge them in court. A knowledgeable San Francisco DUI Lawyer understands the nuances of DUI defense and can use legal strategies to weaken the prosecution’s case. If you are facing DUI charges, hiring an experienced attorney can make all the difference in protecting your rights and securing the best possible outcome.