Breath tests are popular among arresting officers as they deliver fast results and are less invasive than blood tests. In light of the minimal intrusiveness and speed of breath tests, arresting officers are usually successful in pressuring DUI suspects to take a breath test. However, for some DUI suspects the breath test delivers an incriminating result which ultimately leads to a DUI charge and which colors the arresting officer’s version of the events in their report. If you have been charged with a DUI due to the results of a breath test you need an aggressive defense.
How Breath Tests Are Wrong
Breath tests involve the analysis of microscopic amounts of alcohol, and to be accurate the test itself must adhere to certain standards to ensure precision. Due to the analysis of minute elements dependent upon strict standards and procedures to ensure accuracy, even a small deviation from those standards or procedures can produce large variations in the results. To properly defend yourself against a California DUI charge your DUI attorney will illustrate to the jury that your breath test did not adhere to the required standards and procedures, and therefore produced an erroneous result which cannot be relied upon for a DUI conviction.