Breath-Test Evidence: Los Angeles DUI Defense LawsTo measure the Blood Alcohol Concentration (BAC) law enforcement often uses a breath test machine. There are two types of breath tests: a portable breath test machine, known as the PAS (Preliminary Alcohol Screening Device), used during the traffic stop and a state-approved Breathalyzer machine used at the station.
At Eisner Gorin LLP, our attorneys will aggressively defend your case and seek reduction or dismissal of the DUI charges you are facing. Our Los Angeles DUI Defense Law Firm has the experience to successfully defend you against serious DUI charges.
Our DUI defense lawyers understand that breath-testing equipment is known for its inaccuracy if it is not being used per manufacturer specifications or not being calibrated regularly. Our DUI attorneys have presented court evidence on why the breath-test results may be erroneous, including:
- Improper training on usage of the machine
- Improper actual use of the machine, usually due to misreading of instructions
- Whether or not the device has been calibrated recently
- Whether or not the machine has been put out of service in the past due to errors
- Whether your results were analyzed correctly - How recent was the prior person tested on it? Did you have mouth alcohol? Did the machine require more than two samples to register a result?
Your true blood-alcohol concentration may be at variance from the machine for other reasons as well. Numerous circumstantial factors can affect the accuracy of the breath tests:
- The person’s weight.
- The amount and rate of alcohol uptake.
- The person’s metabolism.
- The rate of alcohol absorption. Usually this depends on the person’s gender (women’s bodies absorb more alcohol than men’s).
- The amount of air blown into the breathalyzer.
- The person’s body temperature.
- Medical issues (such as acid reflux).
- Braces, dentures, or similar oral fixtures.
- Special diets, such as low carbohydrate-high protein diets.