Unreliability of Breath Machines
DUI Attorneys in Bakersfield Challenging Undependable Results
People tend to think that breathalyzers are infallible because they are
a machine. However, just because it is providing law enforcement officials
with an unbiased result does not mean in any way that it is an
accurate result. At Campbell Whitten, our Bakersfield DUI lawyers are fully aware
of the fact that machines can make the same mistakes a human can, and
we know how to challenge the blood alcohol content (BAC) results that
breath machines report.
We are always putting ourselves at the frontlines of creative criminal
defense tactics and think outside of the box for each case we accept.
In fact, by working together as a team, rather than relying on individual
attorneys on a case-by-case basis, we have been able to successfully handle
thousands of cases.
Call us at 661.735.1038 today to start discussing your legal options during a free initial consultation.
Failure to Maintain Breath Machines
Any breath-reading device requires routine maintenance. As law enforcement
officers are usually out and about on patrol or dealing with serious criminals,
they might not have the time or the energy to properly maintain and calibrate
these machines in order to ensure that they are giving accurate results.
In fact, California law requires that these machines are tested against
a known sample to establish a margin of error every 10 days or 150 uses,
whichever comes first. If that margin of error is within 0.02%, the machine
is within the legally-acceptable margin of error. However, as the illegal
blood alcohol level technically begins at 0.08%, the acceptable margin
of error is actually equal to one-quarter of the scale, which is questionable.
Our Firm Finds the Truth Within the Results
At Campbell Whitten, we know that any breath machine test will likely provide
some sort of clue as to whether or not it was functioning properly. Through
careful analysis of the machine's maintenance and testing records,
the BAC results in your case, and even the facts that led up to the breath
test, we may be able to find clues to use to your advantage.
Evidence we can review include:
- Maintenance records of the machine
- Administering officer’s level of training
- Machine’s calibrated margin of error
- Your amount of mouth alcohol before the test
Our Bakersfield DUI attorneys believe that your rights must come first
when you are brought to court for a criminal offense. The results of a
breath machine should not be seen as undeniable proof just because a computer
as soon as possible if you believe an unreliable breath machine test is
the only reason you are now facing DUI charges.