Improper Testing: Can a DUI Attorney in Wrightwood Get Your Charges Dismissed?

Posted on December 6, 2022 by John

If you have been arrested in Wrightwood or any San Bernardino County community in California for driving under the influence (DUI) and it is possible your breath test was flawed, it is important to seek legal representation in your area as soon as possible. A DUI attorney may be able to have your charges dismissed if the breath testing was inaccurately administered.

Can a Breath Test Be Flawed?

If your Breathalyzer test resulted in a BAC of 0.08 percent or higher, you might feel that you must plead guilty and accept the penalties. However, a skilled DUI defense lawyer can investigate the circumstances for any deficiencies in the testing. A prosecutor may agree to drop the DUI charges you are facing if the court determines that the breath sample you provided was inadmissible.

Reasons breathe test results may be inaccurate include:

  • Eating or drinking. Foods and beverages like ripe or fermented fruits, cinnamon rolls, energy drinks, and several others can contaminate your breath and make it difficult for the breathalyzer to give accurate readings. These foods can lead to false positive results. In addition, medications and substances such as asthma inhalers and mouthwash can have a similar effect.
  • Smoking. Smoking cigarettes immediately before taking a breathalyzer test may produce inaccurate results. This is because cigarette smoke contains substances that can affect the accuracy of the reading.
  • Body Temperature. Breathalyzers measure alcohol levels in exhaled air. However, your body temperature, especially if you have a fever, can affect the air quality and result in inaccurate readings.
  • Rising Blood Alcohol. Immediately after consumption, the amount of alcohol in a person’s blood or breath begins to rise during absorption. Since a breath test is often given after driving, it is possible that your BAC was below the allowed limit while you were driving but increased until the breath test was taken by law enforcement.
  • Breath Test Equipment Not Maintained. A breath test’s accuracy might be contested by proving that the device was improperly calibrated or was not operating at its full capacity. It may then be established that there is a flaw in the prosecution’s case if the device has been in use for an extended period without being tested for accuracy.
  • Low-Carb Diet. When someone is on a low-carb diet, their body begins to break down fat for energy. This process produces ketones, which can be detected in the breath and mistaken for alcohol. Similarly, people with diabetes often have high levels of ketones in their blood, which can be detected in their breath and cause false results.

Contact a Skilled Wrightwood DUI Attorney

Experienced DUI attorney David Leicht has the knowledge needed to investigate your case thoroughly for false results. If you have been charged with DUI after submitting a breath test, call the Law Office of David Leicht at (760) 256-3104 to evaluate your case.

The Law Office of David Leicht serves Wrightwood, Barstow, and other surrounding communities of San Bernardino County.

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