Breath Test
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Many DUI cases in California involve a reading with a Blood Alcohol Concentration (BAC) over 0.08 percent on the Intoxilyzer 5000 breathaylzer. The machine is manufactured by a company called CMI, Inc.
The median blood alcohol concentration (BAC) of a convicted DUI offender, as reported by law enforcement on Administrative Per Se (APS) forms, was 0.15% in 2011. That median BAC of 0.15% was the same as in the last 7 years, but almost double the California illegal per se BAC limit of 0.08%. The average reported non-zero BAC level for all convicted DUI offenders arrested in 2011, using APS reporting forms as the data source, was 0.16%.
Breath testing must be in compliance with Title 17 of the California Code of Regulations. Title 17 establishes the rules for how the State of California will maintain the breath test instruments and collect the breath test samples from those arrested for DUI. A failure to comply with Title 17 regulations can result in an inaccurate or unreliable BAC level.
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Attorneys for DUI Breath Tests California
If you were arrested for DUI involving a breath test in California, then contact an experienced criminal defense attorney at Ticket Crushers. We can investigate the circumstances surrounding your breath test and the instrument that you blew into so that a determination can be made about whether the results should be suppressed or excluded at trial.
An important aspect of pre-trial negotiations is showing the prosecutor in the case all of the problems with the breath test reading even if it will come into evidence at trial. If the prosecutor is worried about problems with a particular breath test, a better result can often be negotiated before trial.
Contact the DUI breath test attorneys in California at Ticket Crushers to discuss your case and possible defenses. Call 1 (866) 842-5384 today.
Motions to Suppress Breath Test Results in the California
Your attorney can file a motion to suppress the breath test reading because of failures to comply with the administrative rules. Problems with the DUI breath tests can include:
- Issues with whether the breath sample came from deep lung air (otherwise known as “alveolar air”)
- Whether mouth alcohol problems were increased because the subject has GERD or acid reflux
- Whether dentures or dental work contributed to mouth alcohol in the sample
- Whether the breath test operator failed to observed the subject for at least 15 minutes prior to the breath test to make sure the subject did not burp or regurgitate any alcohol from the stomach into the mouth
- Whether the breath test machine was properly calibrated every 10 days or 150 uses (whichever occurs first)
- Whether Radio Frequency Interference (RFI) interfered with the test, and
- Whether problems were created by the testing procedures used by the breath test operator
Finding an Attorney for DUI Breath Tests in California
If you were arrested for DUI in California in a case involving a breath test on the Intoxilyzer 5000, then contact an experienced criminal defense attorney at Ticket Crushers to discuss your case. We can help you determine the best strategies for fighting your charges and whether the breath test results can be suppressed or excluded at trial.
In the event the results are admitted at trial, an experienced criminal defense attorney can show problems with the accuracy and reliability of the breath test. Call 1 (866) 842-5384 to talk with an experienced DUI defense attorney in California about the specific facts of your case.
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