Los Angeles DUI defense attorneys defend clients on a regular basis who are charged with a DUI based upon a failed breath test. A breath test supposedly measures your blood alcohol concentration (BAC) to see if you are over the legal limit for alcohol consumption; however, breath tests have been known to be faulty.
Many errors may be made in how a breath test is administered, how the machine is calibrated, and how the results are interpreted. In addition, each person's body and its functions are different and this may affect your breath test.
Breath test results can vary due to body weight, the amount of food you've eaten, how frequently you consume alcohol, your body temperature, medical issues and even such seemingly trivial things as braces. With all of these factors playing a part, you would think that breath tests would not be administered in a sort of "one size fits all" fashion. Unfortunately, you will simply have to breathe into a machine to get your results, which will determine whether or not you are charged with a DUI crime.
One high profile DUI arrest came recently with an athlete in the NFL. Tennessee Titans wide receiver Chris Davis was charged with a DUI in Nashville after blowing a .11% in during his breath test. Davis has been injured and was pulled over for speeding; he was administered the breath test after his eyes were watery and he smelled of alcohol. He is not the first NFL player charged with a DUI this year; Donta Stallworth of the Cleveland Browns served 30 days in prison for a felony DUI that included a fatality.
If you or someone you love have been charged with a Los Angeles DUI due to a failed breath test, contact the Los Angeles DUI defense attorneys at Kestenbaum, Eisner & Gorin today at 877-781-1570.
