California Court Rules Accuracy of Breathalyzer Machine Up to Law Enforcement

When someone is being investigated for suspicion of California DUI, one of the most common devices that’s used is a breath test machine that’s commonly known as a breathalyzer. This machine measures the blood alcohol content of a test subject, and if the result of that measurement is 0.08 or higher, that person is generally arrested on suspicion of California DUI. However, a recent case that made its way through the state court system could provide an opening for challenges to these readings that could pave the way for dismissals of charges in many borderline cases.

The case at issue centers on a defendant who was arrested in 2008 on suspicion of California DUI in San Mateo County. Police officers stated that they had seen the suspect driving erratically and pulled him over. They further stated that his eyes were bloodshot and that his speech was slurred. This led to the administration of the breath test.

The breath test returned a result of 0.08, which is the legal limit for alcohol in someone’s system in California. However, when the DMV hearing regarding the defendant’s driving privileges was held, the defendant presented testimony that the machine consistently returned test results that were at least 0.01 higher than the actual BAC level.

The DMV rejected this claim and removed the defendant’s driving privileges, but both the trial court and the appellate court decided that when this evidence was presented, the burden of proof shifted back to the DMV to prove that the machine did not return inaccurate results. The California Supreme Court refused to review the situation, which means that this is now the law in California.

Los Angeles DUI Defense Lawyers

Situations like this one should tell anyone how important it is to secure the help of experienced Los Angeles DUI defense lawyers when someone faces prosecution for California DUI. Any problem with evidence could prove to be critical in terms of the result of a case. If you or someone you love faces this problem, contact the DUI Defense Group today to schedule an initial consultation.