Recently in DUI Defense - Breath Tests Category

Los Angeles DUI Defense Attorneys have known for years that Breath Tests are untrustworthy, and there is a growing sentiment to cease the use of such inaccurate technology in DUI stops.  A recent article in the Washington Post highlighted the inaccuracy of Breath Tests.  Nearly 400 people were convicted of drunk driving since fall of 2008 due to inaccurate results from a Breath Test.  To make matters worse, the article reports that nearly half of them went to jail!

The mistakes by the machines were due to alleged improper adjustments made by city police.  However, tell that to the individuals who served five days or more in prison, had their lives ruined, got fired and possibly even worse due to the mistake.  In fact, these mistakes were not even close to creating accurate tests.  The blood alcohol content of drivers was nearly 20 percent higher than it actually was.  Meaning anyone with a .06% BAC (which is perfectly legal) would have been arrested for a DUI.  There is also a concern that these faulty Breath Tests may have influenced more than just 400 drivers.  Certain skilled DUI Defense Attorneys are working overtime to see if they are able to get their clients' charges reduced, dropped, or (in the case of convictions) get their records erased.

At Kestenbaum Eisner & Gorin, LLP, our Los Angeles DUI Defense Attorneys have years of experience with DUI Breath Tests, and are quite familiar with defending clients against negative test results.  Sobriety tests are often inaccurate and can ruin people's lives if they do not have a qualified lawyer representing them.  Having an attorney who is familiar with blood alcohol content (BAC), Breath Test results, blood tests, field sobriety tests and the like is absolutely important.  For example, many mistakes may be made in how a Breath Test is administered, how the machine is calibrated or in how the results are interpreted by the law enforcement officials.

If your or someone you love has been arrested for, charged with or accused of a DUI do to a Breath Test, contact the Los Angeles DUI Defense Attorneys at Kestenbaum Eisner & Gorin today.  Call us at 877-781-1570 today.

Many Los Angeles DUI Defense Attorneys represent people who have failed Breath Tests administered during a DUI stop, or after an individual is taken into the police station.  A recent reality TV star experienced first hand what it is like to fail a Breath Test.

Megan Hauserman, star of many VH1 Reality Shows such as "I Love Money" and "Megan Wants to Marry a Millionaire" was pulled over and arrested for a DUI this week.  Megan was pulled over at 3:15 AM in her black BMW, weaving between lanes, driving at 75 miles per hour in a 55 miles per hour zone.  She blew a .102 on her Breath Test and was taken into custody.  She claimed to have been taping a TV show and was tired, but police say she was leaving her job at a strip club.

One major frustration of any Los Angeles DUI Defense Attorney is that Breath Tests are not as reliable as the police, prosecutors and the courts would like you to believe.  At Kestenbaum, Eisner & Gorin, LLP, our defense lawyers often devise defense strategies that target the validity of any Breath Test, challenging the technology, the way the test was administered and everything else about the test.

A Breath Test measures the Blood Alcohol Concentration (BAC) of the person taking the test, and a .08 is the legal limit for anyone driving a car.  The problem with the way BAC is used, is that it does not take too many factors into consideration.  For example, BAC may be less important depending upon the driver's:

• Body Weight
• Metabolism
• Rate of alcohol absorption
• Body Temperature
• Medical Issues
• Frequency of drinking
• Amount of air you blow into a breathalyzer

All of these can greatly affect what the result of the Breath Test is, but police will not take those issues into consideration.  For any Los Angeles DUI Defense Attorney, protecting the rights of their clients involves thoroughly analyzing any Breath Test.

If you or someone you love has been charged with a Los Angeles DUI based upon a failed Breath Test, contact the Los Angeles DUI Defense Attorney team at Kestenbaum, Eisner & Gorin today by calling 877-781-1570.

California State Senator Roy Ashburn, a conservative Republican, was arrested on suspicion of drunk driving after exiting a gay bar in Sacramento earlier this month.  The senator was pulled over after leaving a bar called "Faces," and was given a DUI Breath Test in which he blow a .14 for Blood Alcohol Content.  The case was further complicated when the state senator admitted to being gay even though he is a conservative Republican and has voted down every major piece of pro-homosexual legislation he could.

A Los Angeles DUI Breath Test is not the most accurate DUI test, but it is the test most utilized by law enforcement officials.  Los Angeles DUI defense attorneys regularly battle against the results of these tests, because the technology is secretive and has been known to be incredibly in accurate.  Judges have regularly forbidden the manufacturer's technology to be explained or tested in court, meaning that if the machine wrongly determines a driver's blood alcohol content, that individual has no recourse.  Failing a Los Angeles DUI Breath Test could lead to years in prison, heavy fines, probation, mandatory counseling and much more.

Blood alcohol concentration, or BAC, is the concentration of alcohol in your blood and is what law enforcement officials use to determine whether or not you are guilty of a DUI offense.  Many errors may be made in how a Los Angeles DUI 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.

Tests have regularly shown that the size of an individual, their weight, how much food they've eaten, etc. can all change how able you are to operate an automobile.  Factors such as these are not taken into consideration when a Los Angeles DUI Breath Test is given by police or the California Highway Patrol.  This is why having a skilled Los Angeles DUI Defense Attorney working with you is so vitally important; only a lawyer will know how best to defend your case and overcome any negative results on a Los Angeles DUI Breath Test.

Kestenbaum Eisner & Gorin, LLP has over 50 years experience in litigating DUI charges. Our DUI defense law firm is available for an immediate consultation seven days per week.  Call us at 877-781-1570 today!

Former Los Angeles college football star and current Cincinnati Bengals' star football player Rey Maualuga was charged with driving under the influence of alcohol after being arrested by local police in a northern Kentucky town in the early hours of the morning.  Police reports indicate that they stopped Maualuga after his vehicle crashed into a parking meter and two parked cars.  Maualuga was given field sobriety tests and is said to have registered 0.157% blood alcohol content when he took a breath analysis test, nearly twice the 0.08% legal limit in Kentucky.  The football star reportedly told police at the scene that he had consumed "...about six Captain and Coke" drinks earlier in the evening.  He was held in a Kenton, Kentucky county jail for about seven hours before being released.  Maualuga has pleaded not guilty and is scheduled to return for a hearing later this month. 

This failed DUI breath test was a first time violation for Maualuga, but in LA, this would still require a skilled Los Angeles DUI defense attorney.

Driving under the influence charges are very serious criminal offenses in Los Angeles.  For many people, DUI charges are especially frightening because it may be the first time they have ever experienced criminal proceedings.  Having an experienced Los Angeles DUI defense attorney is essential if you have been charged with DUI.  From the day you are charged with DUI or DWI (driving while intoxicated), you have just 10 days to call a DUI attorney and schedule a DMV hearing, otherwise your driving privileges will be automatically suspended until after your criminal proceedings are finished.  An experienced Los Angeles DUI defense attorney will also carefully and thoroughly go through the details of your case with you to determine if there is any evidence against you that may prove inadmissible in court.  Los Angeles police have very specific guidelines as to how they may administer both field sobriety tests and breath analysis tests, and if those guidelines are not followed properly, the results may prove useless against you in court.  Field sobriety tests are highly subjective by nature and breath analysis machine results have been shown on numerous occasions to be flawed.  Even chemical testing of blood samples has come under recent scrutiny.  Scientific "evidence" can very often be successfully argued against. 

If you or someone you know has been charged with DUI or DWI, call a Los Angeles DUI defense attorney at Kestenbaum, Eisner & Gorin, LLP today.  Our attorneys specialize in aggressive defenses against DUI charges and they will fight for you.  Call today at 877-781-1570 to begin preparing your defense. 

The Los Angeles DUI defense attorneys at Kestenbaum, Eisner & Gorin understand all too well that the consequences for a Los Angeles DUI arrest stem far beyond what the courts hand down.  Public shame, family issues, career challenges and more all stem from a Los Angeles DUI arrest.  You don't even have to be convicted, when the public decides you are guilty it is very difficult to be proven innocent in the court of public opinion.

For example, a NASCAR driver was recent arrested for a DUI and has to face certain types of public humiliation.  AJ Allmendinger was charged, but not convicted, of driving under the influence after police pulled him over and he registered a .08 on the Breathalyzer test he took.  Throughout the country a .08 is pretty much the standard for a failed breathalyzer test.  As a result, Allmendinger was administered a breathalyzer test prior to the Sprint Cup practice run at Talladega Superspeedway in Talladega, Alabama.

Imagine that, a NASCAR driver being publicly administered a breathalyzer test before one of the biggest races of the season.  This sort of public humiliation typically follows anyone who is arrested for a DUI.  A Los Angeles DUI arrest often involves a failed breathalyzer test, and without a skilled Los Angeles DUI defense attorney, those results can lead to a lifetime of trouble.  Failed breathalyzer tests can make the public think you're guilty, regardless of the fact that the science behind breathalyzer tests is faulty and often misused by prosecutors and the courts.  You could face ridicule at work, loss of your driver privileges, public shame and more if you're convicted, or even charged with, a DUI.

This is why having a skilled, experienced Los Angeles DUI defense attorney on your side is so very important.  In America, the principles of innocent until proven guilty should always be upheld, breathalyzer or not breathalyzer, and without an attorney you could be left to the wolves.

If you've been arrested with, charged with or accused of a Los Angeles DUI, even if you failed a breathalyzer test, contact the Los Angeles DUI defense attorneys at Kestenbaum, Eisner  Gorin today at 877-781-1570.

One of the most common pieces of evidence used in convicting people of driving under the influence of alcohol is the Los Angeles breath analysis test results.  Breath analysis machines, or breathalyzers, analyze the chemical compounds in a suspect's breath, looking for signs of alcohol.  Breath analysis machines specifically look for compounds that contain the methyl group, which is found in alcoholic drinks.  Since their invention and widespread use by law enforcement in determining the sobriety of drivers, breathalyzers have been frequently criticized for a variety of reasons.  Many breath analysis machines need to be cleaned and recalibrated after each use or residue from prior breath tests can lead to falsely high alcohol readings over the course of a police officer's shift.  Other breathalyzers only give accurate readings under very specific conditions, leading to inaccuracy in extremely cold or warm settings.  One of the biggest critiques against the use of breath analysis machines in Los Angeles in convicting people of driving under the influence of alcohol is that they frequently test for all chemical compounds similar to methyl group in molecular structure, many of which are not alcohol at all.  Cold medications, breath sprays and mouthwash are frequently misinterpreted by breath analysis machines as alcohol.  While everybody knows that alcohol can and does impair judgment and reaction times while driving, it is doubtful that mouthwash would have that effect on drivers.

Los Angeles DUI defense attorneys work hard to analyze all the data regarding Los Angeles DUIs, forcing them to be scientists as well as lawyers.  Recent scientific research also suggests that smoking cigarettes may also lead to falsely high readings on Los Angeles breath analysis machines.  Because breath analysis machines look for methyl group compounds and assume the compound was caused by alcohol consumption, the machines cannot distinguish between alcohol and acetaldehyde.  Acetaldehyde is produced in small amounts by the liver during alcohol consumption.  Smokers also carry small amounts of acetaldehyde in their lungs as a by-product of smoking which, in turn, leads to higher readings on breathalyzer tests.  Aside from the acetaldehyde, smoking also influences the body's absorption of alcohol, which can also lead to inaccurate breathalyzer test readings and make it much more difficult to know exactly how much alcohol a driver has consumed.  To date, a blood test is still the most accurate method of determining a person's blood alcohol concentration.

If you have been charged with driving under the influence of alcohol, call the attorneys at Kestenbaum, Eisner & Gorin, LLP today.  Our attorneys have a combined five decades in successfully defending against DUI charges.  Our experience has shown us time and time again that breathalyzer test results are at best unreliable.  Call us today to begin preparing your defense.

Police and criminal prosecutors take DUI very seriously, and, across the country, law enforcement agencies are cracking down with more DUI checkpoints and increased field sobriety testing.  One of the biggest challenges for any Los Angeles DUI defense attorney is dealing with the various types of sobriety tests available to law enforcement.  Breath tests, blood tests and general sobriety tests all have their pitfalls, but they provide law enforcement officials with the "proof" they need to convict someone of a DUI.  Every test, whether it is a field sobriety test, a breathalyzer test or a blood test, has the possibility of returning a false positive.

A number of medical conditions or other factors can increase the chance of a false positive on a DUI test.  For example: one DUI defense attorney claims that many Angelenos arrested for DUI could in fact be innocent, victims of a mistake due to their medical condition.  A diabetic with hypoglycemia--low levels of sugar in the blood--can exhibit many of the same physical symptoms as someone who is under the influence of alcohol: slow or slurred speech, poor balance, impaired motor control and disorientation.  In other words, a diabetic who is stopped at a sobriety checkpoint or pulled over by the police may look and behave like a drunk driver.  Furthermore, people with diabetes have a chemical in their breath which can cause breathalyzers to register high blood alcohol concentrations.

Breathalyzer technology--while it is an invaluable DUI test to police officers--can malfunction like any other technology, resulting in false test results.  There are many possible reasons, from smokeless tobacco to close contact with paint or paint thinner, that a breath test could register a false positive.  Without the representation of an experienced DUI defense attorney, you could potentially be convicted on the basis of a simple mechanical error.

Anyone who is facing or has faced prosecution for a DUI test understands the importance of retaining an LA DUI Defense attorney who will pursue every possible avenue in your defense.  LA DUI Defense Team's skilled DUI defense attorneys will examine every aspect if your case, including the possibility of an incorrect test result or breathalyzer malfunction. 

Los Angeles DUI defense attorneys often have to battle against legislation that is both overzealous and unconstitutional at the same time.  Convicted drunk drivers in Los Angeles could become victims of more such legislation that is part of a pilot anti-drunk driving program.  The program would install ignition-locking breath analysis systems in their cars, forcing them to pass a Los Angeles breathalyzer test before the car can be started.

This potential program would run for six years (2010 through 2016) in Los Angeles and a few other counties.  It would link the Los Angeles breathalyzer test system to the vehicle's ignition that the driver must blow into before starting their car.  If the blood alcohol content (BAC) of their breath is over the legal limit, the car will not start.  The bill is backed by Mothers Against Drunk Driving (MADD), the California Highway Patrol and AAA.  According to MADD, 40% of the state's drunk drivers were in those four counties.  The bill also mandates that convicted drunk drivers pay for the Los Angeles breathalyzer test devices.

Los Angeles DUI defense attorneys are aggressively battling such breathalyzer test bills, even though strong lobbying organizations such as MADD often have public opinion on their side.  People convicted of drunk driving are basically being given a scarlet letter to carry around with them, and at their own expense no less.  Constitutionally, this may fall under the ban on "cruel and unusual punishment" since it could last for years and years for each person convicted of drunk driving.

If you or someone you love has been charged with a Los Angeles DUI due to a Los Angeles breathalyzer test, contact the Los Angeles DUI defense attorneys at Kestenbaum, Eisner & Gorin.  Our skilled defense attorneys will provide a top-notch criminal defense.  Call us today at 877-781-1570.

DUI charges can change a person's life beyond measure, whether they are a plumber, an architect or a professional athlete.  For example, Ex-Detroit Lions wide receiver Charles Rogers was arrested for drunk driving after refusing a breath test in Michigan.  This is not Rogers' first criminal charge; he was arrested and spent 15 days in prison for a domestic violence case.

Rogers is no longer in the NFL, but his stature in the community and his recognized celebrity were undermined by the arrest.  Rogers has been plagued by substance abuse, which was covered by many news outlets (including ESPN).  In this instance, he was found "non-responsive behind the wheel" of a 2003 Mercedes. The Mercedes was running and the vehicle was still in gear in a left-turn lane.  According to a police report, Rogers did not respond to requests to open the vehicle's locked doors, resulting in fire officials gaining entry through the sunroof to secure the vehicle.

By refusing a breath test, you can be immediately arrested and charged with a DUI.  Throughout Los Angeles, and the rest of California, you can be sentenced to a serious jail term if you refuse a breath test and have previous DUI convictions.  The fines for such convictions can sometimes reach $10,000!

Los Angeles DUI breath tests are not an exact science, and a number of "triggers" have been known to set off inaccurate breath test results.  With a skilled Los Angeles DUI defense attorney, you can receive a top notch criminal defense for your DUI charge. 

A Los Angeles DUI defense attorney will also be able to analyze your particular case and see of the breath test in question was indeed accurate.  Los Angeles breath tests have led to the conviction of numerous people who were either under the legal limit, or who had not ingested any alcohol whatsoever.  However, without a qualified DUI defense attorney, the Los Angeles courts and prosecutors will have no problem putting you behind bars, fined or rescind your drivers license.

If you or someone you love has been charged with a Los Angeles DUI charge based upon a DUI breath test, contact the Los Angeles DUI defense attorneys at Kestenbaum, Eisner & Gorin today at 877-781-1570.  Our skilled team is prepared to defend you and keep you behind the wheel of your car.

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.