How a DUI Attorney Can Challenge Breathalyzer Test Results in California
A DUI attorney plays a critical role in challenging the results of a breathalyzer test in California. By employing various legal strategies and scrutinizing the circumstances surrounding the test, a skilled attorney can significantly impact the outcome of a DUI case. For expert legal representation, rely on our experienced Monterey Criminal Attorney to defend your rights and navigate you through the complexities of the justice system.
Examining the Test Administration
One of the primary ways a DUI attorney can challenge breathalyzer results is by examining how the test was administered. California law mandates specific procedures for conducting breath tests, including proper calibration and maintenance of the breathalyzer device. An attorney will review the maintenance logs and calibration records to ensure the device was functioning correctly at the time of the test. Any deviation from the standard protocol can cast doubt on the test’s accuracy.
Investigating Officer Conduct
The conduct of the arresting officer is another critical area of scrutiny. A DUI attorney will investigate whether the officer was properly trained and certified to administer the breathalyzer test. Additionally, the attorney will look into whether the officer followed the required observation period before administering the test. The law requires officers to observe the suspect for at least 15 minutes to ensure that no substances (such as alcohol, food, or vomit) are ingested, which could affect the test results.
Questioning Medical Conditions and External Factors
Certain medical conditions, such as gastroesophageal reflux disease (GERD), diabetes, or dental issues, can influence breathalyzer results. A DUI attorney can present medical evidence to show that such conditions may have led to an inaccurately high BAC reading. Furthermore, external factors like mouthwash, medications, or recent consumption of certain foods can also skew results. An attorney will investigate these possibilities to challenge the validity of the breathalyzer test.
Utilizing Expert Testimony
An experienced DUI attorney often works with forensic toxicologists or other experts who can provide testimony on the reliability and limitations of breathalyzer tests. These experts can explain to the court how various factors might have compromised the test’s accuracy, thereby strengthening the defense’s case.
Legal Motions and Suppression Hearings
Finally, a DUI attorney can file legal motions to suppress the breathalyzer results if there is sufficient evidence of procedural errors or violations of the defendant’s rights. A successful suppression motion can lead to the exclusion of breathalyzer evidence from the trial, significantly weakening the prosecution’s case.
Conclusion
In conclusion, a DUI attorney can challenge breathalyzer test results by examining test administration procedures, investigating officer conduct, considering medical conditions and external factors, utilizing expert testimony, and filing legal motions. These strategies can effectively question the accuracy and reliability of the breathalyzer results, potentially leading to reduced charges or case dismissal.