Are Breath Tests accurate for DUI?
Question: Are breath tests an accurate basis for a DUI? I took a breath test machine and the results seem like they came back a lot higher than what they should have. Yes, I had some drinks earlier in the night, but for the last hour I was drinking only water and I did not feel drunk at all, yet my breath test came back at a .12!
Is it possible that the machine is faulty or something like that? I would think at a .12 I would feel like I was drunk, at least a little bit. I felt a little buzzed earlier in the night when I was drinking, but by the time I drove and then later when I was arrested I felt completely normal.
Answer: There are a lot of potential issues with breath machines and why then can and often give inaccurate BAC levels. This can include issues if you were in the absorption rate, breath temperature, body temperature, mouth alcohol issues, health issues, maintenance and calibration issues with the machine, etc. Unlike what many people believe, these machines can have issues trying to estimate someone’s blood alcohol content level accurately, and a lot of other factors act as variables that can effect the results of the machine causing the machine to think the Blood alcohol level is higher than it actually is.
Call me at 818-336-1384 if you would like to discuss further. I am very experienced in DUI defense both in criminal court and for DMV hearing purposes.
DUi & Criminal Defense Attorney