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Challenging Faulty DUI Test Results in Los Angeles
If you are pulled over in Los Angeles and are suspected of driving under the influence of alcohol or drugs, law enforcement officers will perform field sobriety tests to determine if you should be arrested. However, it is essential to know that these tests and results are not infallible. As such, if you are arrested for DUI, your Los Angeles attorneys can help you mount a defense based on the inadequacy or inaccuracy of the tests.
On-site Testing for Alcohol
When you are pulled over on suspicion of drunk driving in Los Angeles, an officer will administer a preliminary alcohol sensor or PAS. This test could be a field sobriety test like a breath sample. If the PAS test results in a reading higher than what is legally permissible in California, then the police officer will arrest you. Upon arriving at the police station, an officer may require you to provide a stationary breathalyzer test as additional valuable evidence to decide whether you are above the legal limit or not.
Refusal to Take a Breath Test
It is essential to note that individuals on probation for a DUI conviction or are under the age of 21 must submit to a breath sample when asked for by the police officers. However, citizens who do not fall into this category can decline to take a PAS or breathalyzer test at the station. In such cases, the police officer may request a warrant to perform a blood test on the arrested party.
Requirements by Title 17 Regulations in California
Law enforcement agencies in Los Angeles using breath test devices must maintain and calibrate them regularly. The department must keep records of the maintenance and calibration of each machine. These calibration and maintenance records can be a crucial part of discrediting the findings of a DUI test if any errors are found.
Breath Device Records and Discovery
Note that the records for breath test devices used by law enforcement are not given freely as part of the initial discovery package in DUI hearings. Your DUI lawyers must make a formal request or file a discovery motion to get the calibration and maintenance records for the machine in question.
Checking Calibration and Maintenance Records
The defense usually pulls these records for both the stationary and portable machines to see if there is any indication that the DUI test was faulty at the time it was given to the defendant. If the defense can prove that the machine was not working properly during the test, they may render the breath test results unreliable.
Proving Faulty Testing Equipment
Another aspect of your defense in a DUI case is by challenging the validity of the testing equipment’s results. One way to accomplish this is to prove that the device was not working correctly when the test was administered to you.
The calibration notes will typically indicate if the machine was testing at a higher BAC value than was present during the test. Even a breathalyzer with a .01 difference in the BAC reading can help your case. Suppose you were arrested for DUI on a reading that was within range of the legal limit of .08 BAC. In that case, a machine calibration record indicating that the device was reading slightly too high can significantly assist your case.
Conclusion
Challenging the reliability of breath test results in a DUI case is essential in protecting your rights and ensuring fair representation. Your Los Angeles attorneys can help you evaluate the evidence and decide on the most effective way to dispute faulty DUI test results. Remember, positive results from a breath test or other field sobriety test does not mean your case is lost. Contact Todd Spodek Attorneys at Law for reliable, aggressive legal representation that you can count on.
On-Site Testing for Alcohol and Drugs |
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| If you are suspected of driving under the influence of alcohol, an officer will administer on-site testing in the form of a field sobriety test such as a breathing sample. This test can be conducted with a preliminary alcohol sensor or PAS. If the reading is higher than what is legally allowed in California, the officer will input an arrest. When you arrive at the station, there may be a stationary breathalyzer enforcement in addition as another quality piece of evidence to assess whether you are below, or over the legal limit. |
| Unfortunately, field sobriety tests for drugs are not available to the officers to implement roadside. When it comes to DUI drugs, an officer will arrest a driver based on whether you exhibit symptoms of being under the influence. Whether you decide to submit a blood test or not, you can only be tested for drugs through a blood test. |
Do You Have to Take a Breath Test? |
| Those that fall under the age of 21, or are operating a vehicle violating probation for a prior DUI case, are required to submit to a PAS test or a breathalyzer test when ordered to by an officer. Drivers who do not belong in this category are free to deny the PAS and breathalyzer test enforcement when asked by the authorities. If this is the case, the officers can get approval from a court order to employ a blood test. |
California Code of Regulations Title 17 Requirements |
| To ensure the breath test devices used by law enforcement maintain accuracy and consistency, they must be calibrated and maintained frequently. Each department must record the calibration and maintenance of all devices in use. These maintenance and calibration records can be useful in discrediting DUI test results when there are faults. |
| Initially, the calibration and maintenance records of breath machines are not disclosed during a DUI hearing. Counsel for the accused must formally request or file a discovery motion to acquire the calibration and maintenance records of the device used. |
Maintenance and Calibration Records |
| In reviewing both the portable and stationary machines’ calibration and maintenance records, a defense lawyer may use them to determine whether the DUI test was accurate. When the defense can provide evidence that the machine was not properly working, the results can be declared as unreliable. Thus, the breath tests can no longer be used. |
Proving Faulty Testing Equipment |
| In DUI criminal proceedings, you can challenge the accuracy of the breathalyzer by proving that the test results from the device are not reliable. The defense can use equipment calibration records to show the machine malfunctioned during the test’s administration. A breathalyzer machine must calibrate during regular maintenance. The calibration record’s notation may show that the machine tested a higher BAC value than what was present during the test. This spacing error, even n the BAC reading, should help the defense. If you possess a BAC level near the legal limit of .08, a machine calibration record indicating the machine reads at a slightly higher reading can be advantageous in court. |
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