DUI breath tests are highly controversial, although truly not controversial enough. The science behind DUI breath tests is spotty at best, and Los Angeles DUI defense attorneys have battled for years to get them thrown out as evidence. However, in legislation circles, politicians are motivated to allow law enforcement officials to continue using breath test analyzers. Some state legislators are even giving the prosecution an edge in using breath test results to put people behind bars for years.
For example, in Virginia, the state assembly passed an emergency bill which dropped a provision that forced prosecutors to show that DUI breath test machines are accurate. They also established a timetable for the accused to challenge any scientific evidence. This came in response to a United States Supreme Court ruling in the case of Melendez-Diaz v. Massachusetts case, ruled that certificates of analysis, such as drug examinations or blood alcohol tests, are subject to cross-examination under the constitutional right to confront one's accuser. Simply submitting a piece of paper was not sufficient. In response, DUI defense attorneys began demanding that lab analysts and technicians show up in person to defend the findings of breath tests. When examiners or technicians could not show up to court, the judges would throw out the case.
Ultimately, the Supreme Court ruled that the states were putting too much burden on the defense, and were shifting some of the burden back to the prosecution.
A skilled Los Angeles DUI defense attorney will have a great deal of experience defending against a Los Angeles breath test. All breath test technology is protected by courts and the companies who make the machines, so only a skilled, experienced Los Angeles DUI defense attorney will know exactly how to combat charges that are brought due to breath test results.
If you have been charged with a DUI based upon your DUI breath test results, contact the Los Angeles DUI defense attorney team at Kestenbuam, Eisner & Gorin today at 877-781-1570.
