Can I Dispute the Results of a Breathalyzer in California?

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Can I Dispute the Results of a Breathalyzer in California?

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It’s no secret that driving under the influence of drugs or alcohol is dangerous, as it impacts your judgment, motor skills, and reaction time. As such, law enforcement has the tools necessary to hold those who choose to take this action liable. Generally, you’ll find that administering breathalyzer tests is one of the most common forms of determining whether or not someone is driving while intoxicated. However, these devices do not always work as intended, registering incorrect results. If this reflects your circumstances and you’re a victim of a defective breathalyzer device, it’s in your best interest to keep reading to learn how a DUI lawyer in Sacramento, California may be able to help you beat these charges.

What Is a Breathalyzer Device and How Does It Work?

A breathalyzer is a piece of technology that measures the amount of alcohol in someone’s system through their breath. Generally, to determine whether or not someone is under the influence, their Blood Alcohol Concentration (BAC) is measured. To make this process easier and more efficient, a breathalyzer will measure the alcohol in your breath and convert that to a BAC reading. This is because approximately 2,100 milliliters of breath is equal to 1 milliliter of blood.

In California, like other states, the legal limit is a BAC of 0.08%. As such, anyone at or over that limit is automatically charged with a DUI. However, if your BAC is lower, but the officer believes it has still impacted your ability to safely operate the vehicle, you can still be charged.

Can These Results Be Incorrect?

In some instances, you may find that the results of your breathalyzer register incorrectly. This could be for any number of reasons, with one of the most common being technological errors. These devices, like other electronics, do not always work as intended. As such, if the breathalyzer is not calibrated correctly or broken, it can register false readings.

Another common reason the results may not be correct is due to the officer administering the test has never done so before. If they do not have experience handling these devices or following the protocol surrounding one of these tests, it can impact the outcome of the results.

Finally, some medical conditions may impact the reading the device picks up. If you have gastroesophageal reflux disorder (GERD), liver conditions, or diabetes, the test may make it appear as though you are under the influence or have a higher BAC than you actually do.

As you can see, many factors can influence the outcome of your breathalyzer test. As such, it’s in your best interest to connect with an experienced attorney to explore your legal options if you want to fight the hares against you. At the Law Offices of Dale R. Gomes, we understand how upsetting this can be, which is why we are committed to exploring all possible avenues to help you receive the best possible outcome. Contact us today to learn how we can fight for you.