How To Successfully Challenge A DUI Breath Test (CVC 23152a)
January 3, 2013

The Operator or Maintenance Officer did not Comply with All of the Rules

California has judicially recognized rules and procedures to ensure the accuracy and reliability of breath testing. Accordingly, DUI defense lawyers focus their attacks on any violations of the rules that may affect the accuracy and reliability of their breath test results. If the operator or maintenance officer ignored, skipped, or otherwise violated an administrative rule, the breath test results should be suppressed.

Residual Mouth Alcohol Affected the Reading

Undetected or unabsorbed alcohol in the mouth may falsely elevate the results of a breath test. Various sources may contribute to mouth alcohol: substance ingested prior to the breath test or substance regurgitated or eructated (burped) from the stomach or gastroesophogeal reflux. By law, prior to conducting a breath test, an officer must continuously observe the suspect for 15 minutes.

Interfering Substances Affected the Reading

Certain substances are so similar to ethyl alcohol that breath machines are unable to unable to distinguish them. As such, these interfering substances could inflate breath test results. If a person is diabetic or fasting, this may lead to a false reading on the DUI breath test.

If you or a loved one is facing a DUI charge, contact the criminal defense attorneys at Wallin and Klarich. We at Wallin and Klarich have many years of experience successfully defending people charged with these types of crimes. We will work to aggressively defend you by investigating all aspects of your case. We will work to ensure that your rights are protected and that you clearly understand the legal process. The attorneys at Wallin & Klarich can be reached by phone at (877) 4-NO-JAIL or (877) 466-5245. We will be there when you call.

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