In the state of California, and indeed throughout the country, breathalyzers are considered to be the best way to determine if a person is driving under the influence of alcohol. However, recent studies have made it less clear if this is indeed accurate. Keep reading to learn more, and then contact Law Office of Michael L. Fell at (949) 585-9055 if you have been arrested for a DUI.
Breathalyzers Require Careful Use
In order for a breathalyzer to give accurate results, it must be very carefully and precisely calibrated and used. If it is off just a small amount, the results that result can be skewed. Unfortunately, not every member of law enforcement who uses a breathalyzer has received exhaustive training on how to use the devices.
A Study Finds Law Enforcement Training is Lacking
While there are different devices used to measure a person’s BAC, all of these devices require the operator to be trained in order to get an accurate result. In recent months, several studies have shown that law enforcement agencies throughout the country have not calibrated the machines correctly, have used them without training, and, in some cases, have hidden or destroyed evidence that could prove they acted negligently.
Different Types of Breathalyzer
As mentioned above, there are many methods that these devices can use to give results on a person’s BAC. Some use fuel cells that create an electric current, others use infrared light, and some involve chemical reactions.
The Breathalyzer is Not the Only Machine That Can Cause Trouble
Even if the breathalyzer is calibrated perfectly and used correctly, that does not mean that its results will be perfect. Why? Because if it uses chemical reactions, then that data is fed through a computer system. Research has also shown that in some cases, the programs used to test this data have not worked correctly due to errors with programming.
Questioning the Breathalyzer Results in a DUI Case
If you have been accused of a DUI when you are sure that you were not intoxicated, you might wonder: does this new information impact my case? It might. There are many methods that a criminal defense attorney can use to defend you. One of them is to show that the evidence from a breathalyzer was not handled correctly. If the court agrees, then your charges could be dropped due to a lack of admissible evidence.
Do you have questions about your DUI case? Do you need an experienced criminal defense attorney to fight for your rights? Then you need to contact Law Office of Michael L. Fell at (949) 585-9055. We are here to help you find the right way forward. Call us now, and let us get started right away.