DUI Defense: Fighting The Breath Test

DUI Attorney in Orange County 

In a DUI trial, most jurors are primarily concerned with the alcohol level of the defendant. Jurors want that one piece of information that, at first blush, appears to be black and white—the blood-alcohol level of the person accused. So naturally, DUI Attorneys in Orange County closely scrutinize the test result, whether it be a blood test or a breath test. And most, if not all, Orange County DUI lawyers will agree that attacking a breath test result is much easier than going after a blood test. The reason for this is because the breath-testing device is simply much more unreliable and susceptible to error than the machinery used to test blood.

If your Orange County DUI Lawyer can convince a judge at the outset of trial that the breath test result is not reliable, then the judge will suppress that result and the District Attorney will not be able to present that evidence to the jury. One way for your DUI lawyer to convince the judge that the test result is unreliable is to show that the breath test was not given according to the procedures enumerated in Title 17 of the California Code of Regulations. Title 17 says that before any breath test can be given to a driver, the officer must watch the driver CONTINUOUSLY for 15 minutes before the test. The officer must use “all their senses” to detect whether the driver belches, burps or regurgitates.

This is important because if someone with alcohol in their stomach belches or regurgitates, tiny quantities of alcohol can be transported to the mouth and throat of the person. Even the smallest amounts of mouth alcohol, barely visible to the human eye, can cause a false high reading on a breath testing device. If the officer does not conduct the vital 15-minute observation period, the test is generally  considered unreliable. Therefore, it is important for your DUI Lawyer in Orange County to carefully review the evidence before trial and to thoroughly cross-examine the arresting officer at the DUI trial.

For more information on how to fight a DUI or DUI drugs call the Law Offices of EJ Stopyro at (949) 559-5500. You can speak directly to an experienced Orange County DUI Attorney to learn your options. The consultation is free and confidential. Or visit our website at www.EJEsquire.com.