Defendant Charged With DUI May Challenge Breathalyzer Results
March 1, 2010

In a recent ruling, the California Supreme Court found that those individuals charged with driving under the influence could challenge blood-alcohol findings based on the possible inaccuracies of Breathalyzer results. This ruling by the Supreme Court may potentially diminish the prosecution’s case against those charged with driving under the influence.

California Vehicle Code Section 23152 (b) states “it is unlawful for any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.” Under current California law, a suspected drunk-driver is required to submit either a blood test, which measures the amount of alcohol in the blood, or a Breathalyzer test.

The California Supreme Court held that the formula for converting breath to blood-alcohol levels might, in some cases be inaccurate. The court considered various factors that could be raised to challenge the results of a Breathalyzer test in defending a charge of driving under the influence.

If you or a loved one have been charged with a crime, it is imperative that you hire an aggressive and experienced criminal defense attorney. Hiring an experienced Southern California DUI criminal defense attorney can greatly increase your chances of keeping your freedom, and ensuring you get the best possible result in your case. With over 30 years of experience, our attorneys will examine your case and fight for you. Call us at (877) 4-NO-JAIL or (877) 466-5245. We will be there when you call.

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