Challenging the California Breath Test Results

Even though you may have “failed” a breath test, that doesn’t mean you should automatically plead guilty to drunk driving. Experienced DUI defense attorneys like Eugene Ellis know that there are many weaknesses associated with the breathalyzer machines used by police. Thus, there are also many defenses to challenging a person’s breath test results. If you live in the San Diego area, contact The Law Office of Eugene Ellis; he will challenge the “evidence” the prosecution has collected against you, including your breath test results.

Exposing the flaws of the breathalyzer

The breathalyzer machine used by police was designed to provide an accurate reading of a person’s blood alcohol content. Unlike an actual blood test though (which is considered much more reliable) a breath test is measuring the amount of alcohol deep in your lungs. Since the machine is detecting the alcohol from your lungs, as assumptive ratio was created to help officers determine how much alcohol may be in your blood stream. The key word in that sentence was assumptive. The breath test assumes a ratio of 2100:1, which some scientists say is not reliable.

Furthermore, by measuring alcohol found in your lungs, the breath test may have been contaminated with other alcohol that comes from your stomach and up into your esophagus. If you have severe heartburn, emphysema, gum disease or other oral or gastrointestinal medical conditions, this could have caused your BAC to register higher. Even chemicals such as paint fumes or pollutants found in the air can have a negative impact on your breath test results. That’s why police officers are required to observe for the entire time before you take a breath test. If you put a mint in your mouth or used mouthwash shortly before the test, these products have ethanol in them, which will obviously show up on a breath test.

In addition to the many weaknesses of the machines themselves, police officers can also impact your test results. They must have been trained on the machine they used when administering your breath test and should have found it to be in perfect working condition.