California Supreme Court Rules Drunk Drivers Can Fight Breath Tests

For awhile now, DUI defense lawyers have talked about the accuracy of breath tests.  Breathalyzer machines are supposed to be maintained by law enforcement, but sometimes these machines don’t get the attention that they need.  You can also refer to a previous post where I talked about a few things that could affect the reading of a breathalyzer.

Well, it looks like the California Supreme Court has taken notice of this issue.  The court has said that breathalyzer results mean different things for different people.  The court has also ruled that suspected drunken drivers can attack the test results in court.

A Few Reasons a Breathalyzer May Fail

It’s been said that breathalyzers are unreliable. Here are a few reasons that a breathalyzer test may fail:

1) Radio frequency interference – any electronic device that is close to the breathalyzer can interfere with the energy emitted by breathalyzer machine which can cause incorrect results

2) Failure of law enforcement to provide regular maintenance on the machines – any machine that doesn’t receive adequate maintenance is due to break down sooner or later

3) The cop administering the test may not use the machine properly which can alter the test result

What do you think about breathalyzers?

If you’ve been charged in San Diego for drunk driving and feel that you’ve been falsely arrested, you need an experience San Diego DUI attorney to help you. Time is of the essence!

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