California Supreme Court Says Breathalyzer Tests are Often Unreliable

Good news for those facing a DUI charge in California: you may be able to challenge roadside sobriety tests, including breathalyzer results, administered by police at your arrest.

In 2009, The California Supreme Court ruled that defendants could challenge a breathalyzer’s readings as evidence, since a number of factors can affect the readings

Here are just a few physical factors that can throw off a breathalyzer’s readings:

• Gender
• Body temperature
• Atmospheric pressure
• The calibration of the device itself
• An outstanding medical condition
• Recent vomiting or cigarette smoking
• Lack of officer training to ensure accuracy

In addition to physical factors, there are other ways the results of a breathalyzer can be inaccurate. Courts have found that there are too many variables on the roadside that can contribute to breathalyzer error. For example, police officers are required to observe a suspect for at least fifteen minutes before administering a breathalyzer. During this time, a suspect cannot drink any fluids or eat anything prior to the test.

If you need help fighting a DWI conviction in California, our experienced Ventura criminal defense lawyers can give you time-tested legal advice in your case. Call Bamieh & Erickson today at (805) 643-5555 for a free consultation.