The DUI breath test is the most common way for law enforcement to determine a person’s blood alcohol concentration (BAC). Although the breath testing sobriety test seems to have taken on an aura of scientific certainty, it is really subject to a host of accuracy problems. As such, if you were administered a breath test as a form of a sobriety test, it is possible for your Orange County DUI lawyer to successfully and completely discredit the results.
DUI Breath Test
Inaccurate breath test results may be the leading cause of wrongful DUI arrests. One way for your Orange County DUI lawyer to successfully challenge this is to determine whether the arresting officer complied with the requirements of Title 17 of the California Code of Regulations section 1219.3, which requires that before an officer can administer a breath test, he or she must continuously watch you for 15 minutes to make sure you do not belch or regurgitate. This is because even the slightest belch could bring alcohol to your mouth and give a false high reading on the breath test.
Despite this legal requirement of a continuous 15-minute observation period, arresting officers commonly fail to abide by it. This failure can be detrimental to a prosecution’s case. Often, the officer will not continuously observe the individual but will either do paperwork or start the 15 minutes while driving to the station. If the continuous observation is not performed as directed by the law, then the result of the breath sample is not reliable. Your Orange County DUI lawyer will be able to expose the arresting officer’s error and undermine the validity of the breath test.
Your Orange County DUI lawyer may even use the expertise of a defense expert to enlighten the jury as to the importance of the 15-minute observation period to the accuracy of a breath test.
If you have been arrested for a DUI and was administered a breath test, your Orange County DUI lawyer may be able to successfully discredit the results and have your DUI charge dismissed.
For a free consultation with Orange County DUI lawyer Chad Maddox call (714) 695-1500.