CALIFORNIA CRIMINAL LAWYERS

Los Angeles Breathalyzer Tests

The Importance of Challenging Breath Analysis in DUI Prosecutions

Driving under the influence is a serious offense that can result in severe consequences if convicted. One of the most critical pieces of evidence a prosecutor has when charging an individual for a DUI is the breath analysis record. However, this evidence can be challenged by an experienced Los Angeles DUI attorney to protect an accused person’s legal rights.

Unique Characteristics of DUI Charges

Unlike other criminal charges, an individual can be arrested for driving under the influence without probable cause if the officer can determine reasonable suspicion by conducting a field sobriety test. This is why multiple officers often go to the scene of the arrest, even without a backup request. The officer’s testimony is more relevant when multiple officers observe the sobriety test because police are always on high alert for aggressive suspects.

Admissibility of Portable Breathalyzer Tests

While portable breathalyzer tests are conducted on the scene of a DUI arrest, they are inadmissible as evidence when the state prosecutes the case. The only acceptable breath analysis evidence that can be used must be acquired from certified mechanical alcohol analyzers, typically located in police stations across the state. Even those results can be contested by an experienced Los Angeles DUI attorney.

Challenging the Efficiency of Breathalyzers

Breathalyzers are fallible and can easily provide inaccurate information depending on several different factors. If an accused person does not obtain a Los Angeles DUI lawyer dedicated to protecting their legal rights, impaired drivers can be convicted based on evidence from a faulty breath analysis machine. The burden of proof for the prosecutor is always “beyond a reasonable doubt.” The prosecutor must prove beyond a doubt that the driver was intoxicated while driving. Challenging the breath analysis device’s efficiency can potentially cast reasonable doubt on the accuracy of the charge.

Mechanical Failure of the Breathalyzer

Breathalyzer machines must undergo regular inspection and calibration, and failure to service the machines within the designated time frame can affect the validity of the charge. Even faulty breathalyzers manufactured by the same company and used elsewhere can prove that the device is not always reliable in some instances.

Other Inefficiencies of the Breathalyzer

Breathalyzers are not always effective in certain circumstances, depending on the mechanical ability to detect other forms of alcohol and chemicals. For example, these devices can measure other chemicals that can register as an enhancement in the BAC level. Individuals with different physiques may not always reflect the proper blood alcohol concentration result. In some instances, these machines may read several other heat-generating chemicals that the breathalyzer recognizes as alcohol.

Using Tables to Show the Fallibility of Breathalyzers

The tables below showcase the fallibility of breathalyzers in different scenarios.

Examples of Chemicals that can Affect Breath Analysis

How Breathalyzers Measure Breath Alcohol Concentration (BAC)

Final Thoughts

The long-term damage of a DUI conviction can be extensive, and falsely relying on breath analysis results from faulty devices is not the right way to go. Always get an experienced Los Angeles DUI attorney to fight for your legal rights, including contesting the breath analysis results to mount an effective DUI defense.