One area of DUI cases that frustrates Los Angeles DUI defense lawyers is breath tests. Breathalyzers usually employ faulty science and many courts don't allow too much criticism of these machines. Los Angeles DUI defense attorneys know, however, that focusing on this technology during a defense can be a major help to those accused of DUI in Los Angeles.
How inaccurate can breathalyzer machines be? Very. Breath analyzer machines, more commonly referred to as breathalyzers, utilize technology that purports to measure and estimate blood alcohol concentration (BAC) based on a breath sample. While many law enforcement officials, prosecutors and judges utilize these tests in convicting people suspected of drunk driving, breathalyzer machines have recently come under serious scrutiny because of the inaccuracy of their readings.
To begin with, a BAC reading, whether from a breathalyzer machine or an actual blood test (which is the most accurate, but also most invasive method of testing for BAC) only measures the amount of alcohol in a person's blood stream. It does not actually measure the level of a person's intoxication. Most people are familiar with the concept that newer drinkers, or people who rarely drink, can become intoxicated with a seemingly small amount of alcohol as their body has no familiarity with it and therefore no resistance to it.
People who consume alcohol on a more regular basis, however, have developed a certain tolerance to it and actually require more alcohol consumption in order to meet the legal definition of intoxication. Leaving this point aside, breath analysis machines have also been known to give false or inaccurate readings of BAC for a variety of technical reasons. Breath analyzers can be extremely sensitive to temperature and must be recalibrated often to ensure an accurate test. Ambient air temperature can also significantly change a BAC reading.
Los Angeles law enforcement officials may be advised of this in the machine's operating manuals, but on a busy night with little time to stop and recalibrate a machine, errors in readings can and occur. Breath analyzer readings can also vary at least 15% from actual BAC. Critics of breath analyzer usage estimate that as many as 23% of subjects giving breath samples gave readings that were higher than their actual BAC levels.
Another technical problem that many breath analyzer machines have is non-specificity. Most breath analysis machines look for the presence of ethanol, or ethyl alcohol, in a person's breath sample. The problem of non-specificity occurs when the machine finds chemical compounds in the breath sample that mimic the chemical structure of ethanol and mistakes these compounds for real alcohol, thus giving a false reading. Certain health conditions such as fasting and untreated diabetes have also been known to be mistaken by breath analysis machines as alcohol when, in fact, the subject had consumed no alcohol.
Common mouthwashes and sprays can also contribute to falsely high breath analysis readings since they actually contain alcohol as well. Breath analysis machines have had so many problems that in the state of South Dakota, breath analysis machine readings are not even admitted in court as evidence of drunk driving. Instead, evidential proof of wrong doing rests solely on blood samples as the most accurate method of determining BAC levels. An experience criminal defense attorney knows just how inaccurate breathalyzer testing can be and will thoroughly examine the facts in your case to fight for the best possible outcome for you.
The Los Angeles DUI lawyers at Kestenbaum Eisner & Gorin, LLP will work to develop a courtroom strategy to contest the validity of the breath test that was used to determine your blood alcohol concentration.
