Van Nuys DUI Lawyer

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Breath analyzer machines, (Breathalyzer, Intoxilyzer, Alcosensor, Alcoscan and BAC Datamaster are common brand names), don't actually test blood alcohol concentration (BAC). They merely provide an estimate based on your breath. A blood sample is required for an accurate analysis. Based on their unreliable reputation, some states don't allow data acquired from breath analyzers to be presented as evidence in court.

A major problem with some machines is that they not only identify the ethyl alcohol, but also other substances similar in molecular structure. Simply put, they have a hard time differentiating between alcohol and non-alcoholic substances on a molecular level. Even substances in the environment such as smog or humidity can lead to false BAC readings.

Bottom line: Breathalyzers are notoriously unreliable. In fact, they are several times more likely to record a falsely high than a falsely low BAC reading. This implies that the innocent are several times more likely to be falsely convicted than the guilty are to be falsely released.

A Texas Appellate Court ruling, known as the Stewart Case, has caused questionable breath test estimates to be thrown out of court in 32 South Texas counties. Civil libertarians and civil rights supporters have praised the Stewart Case for not permitting questionable test estimates to be used to convict individuals who might be innocent. The court held that authorities must provide adequate evidence that a person's BAC at the time of driving wasn't lower than at the time it was measured.

Here is a list of factors the can cause false BAC readings:

Ambient temperature
Body temperature
Air humidity
Atmospheric pressure
Medications taken
Diseases
Vomit
Burp
Smoke
Radio signals
Improper maintenance and poor calibration of the machine
presence of dirt

As your DUI Lawyer, I will aggressively challenge the accuracy of breath machine readings. In fact, it’s one of my most effective tools. Please call me at 800-Kick DUI and let me review your case. There is no charge for my initial consultation. Call now: DUI Terminator, Kenton Koszdin at 800-Kick DUI.