California Defense Lawyers Can Now Argue That Breathalyzer Tests May Be Inaccurate

Last month the California Supreme Court unanimously held that breath test results used in driving under the influence cases, can be inaccurate. Breathalyzer results may be inaccurate because they do not take into account a person’s body temperature, atmospheric pressure, medical conditions or calibration of the machine, all of which can cause varying results. This is a huge step for defense attorneys who can now argue that breathalyzer results may not be accurate or may not be a true indication of someone’s intoxication level. This decision came after many complaints by defense attorneys and people falsely accused of driving under the influence.

Alcohol has different effects on different people and may result in slurred speech and blurred vision for some at a .08 level. For others, these effects are not felt until the blood alcohol level is much higher. Regardless whether you are stopped for a DUI in Irvine, Fullerton or Santa Ana, an experienced DUI attorney may be able to argue that the results of your breathalyzer tests are inaccurate.


If you have any questions about driving under the influence or about your own charges, please call Orange County defense attorney William Weinberg, at 949.474.8009 (Irvine office) or 714.834.1400 (Orange office).

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