Being charged with a DUI in California based on a breathalyzer test can feel like an uphill battle. However, breathalyzer results are not always accurate, and there are multiple ways to challenge them in court. At Perlman & Cohen, we have extensive experience handling DUI cases in Los Angeles and understand the complexities involved in challenging breath test results.
While every case is unique, understanding your rights and possible defense strategies can significantly impact the outcome of your case.
Breathalyzer devices are used to estimate Blood Alcohol Concentration (BAC) by measuring the amount of alcohol in your breath. These devices rely on scientific formulas to convert breath alcohol levels into BAC percentages, but the process is not foolproof.
California law establishes BAC limits under Vehicle Code §23152:
Even if your breathalyzer test result is above the legal limit, Perlman & Cohen understands the flaws in these devices and can help identify ways to contest the results in court.
Despite their widespread use, breathalyzer tests are not infallible. Several factors can lead to false-positive results or inaccurately high BAC readings.
Breathalyzers must be routinely calibrated and properly maintained to ensure accuracy. If law enforcement fails to maintain or calibrate the device correctly, it may produce incorrect BAC readings. The California Code of Regulations mandates specific calibration procedures that must be followed. If the police did not follow these regulations, Perlman & Cohen can challenge the validity of your test results.
Certain medical conditions and dietary habits can artificially inflate BAC readings, including:
If you have a medical condition that could have influenced your test, Perlman & Cohen can introduce medical evidence to challenge the breathalyzer results.
Breathalyzers are designed to measure deep lung air, but alcohol trapped in the mouth can artificially raise BAC readings. Residual alcohol can come from:
If you consumed any of these before your breath test, it could have led to an inaccurate BAC reading.
Officers must administer breath tests correctly and in accordance with Title 17 of the California Code of Regulations. Errors in the testing procedure can render the results inadmissible in court. Common procedural mistakes include:
If an officer failed to follow proper testing protocols, Perlman & Cohen can use this to challenge the validity of the results.
The rising BAC defense is based on the fact that alcohol takes time to fully absorb into the bloodstream. If you were tested shortly after drinking, your BAC might have been below the legal limit while you were driving but higher when tested later.
If there is evidence that your BAC was still rising at the time of testing, we may argue that your level was actually under the legal limit when you were behind the wheel.
At Perlman & Cohen, we thoroughly examine the details of each DUI case to determine the best defense strategy. While we cannot guarantee any specific outcome, our experience has helped many clients achieve reduced charges or dismissals by challenging breath test results.
We investigate whether the breathalyzer was properly calibrated and maintained by requesting official records from law enforcement. If maintenance records show irregularities, we may argue that the test results are unreliable.
If the officer failed to follow proper testing procedures, we can challenge the test’s admissibility in court. This includes questioning whether:
We may present evidence showing that medical conditions, diet, or environmental factors could have impacted your test results. Expert testimony can also demonstrate how certain substances interfere with breathalyzer readings.
If applicable, we can use alternative evidence, such as:
If you’ve been charged with a DUI based on breathalyzer results, it’s important to act quickly. Here are the immediate steps you should take:
At Perlman & Cohen, we understand how stressful a DUI charge can be. While we cannot guarantee specific results, we have successfully challenged many breathalyzer-based DUI cases and helped clients navigate the legal system.
If you are facing DUI charges in Los Angeles and believe your breathalyzer test results may have been inaccurate, Perlman & Cohen can help. We can review your case, investigate potential defenses, and fight for the best possible outcome. Contact us today to schedule a free consultation.
