Challenge the Breathalyzer

If you are pulled over for DUI in Century City, you will be required to submit to a chemical test to determine your blood alcohol concentration (BAC). In California, you have the choice of submitting to a breath test or a blood test. One highly effective defense strategy is to challenge the validity of results from a breathalyzer test. Larry Wolf, a veteran DUI/DWI lawyer, has helped countless men and women to get charges reduced or dropped with this defense.

Discounting Breathalyzer Results

A breathalyzer is a complicated device which employs a combination of chemicals, which when they come into contact with air exhaled from your lungs will produce a chemical change, which is related to your BAC. It is widely known that there are inconsistencies with breathalyzer test results related to the equipment, the administration of the test, and many other factors.

As a highly experienced DUI defense attorney, Larry has numerous ways to dispute the accuracy and admissibility of your breathalyzer results.

For example, Title 17 of the California Code of Regulations is used to regulate the use of breath tests in California, and it is mandatory that operators of breathalyzer tests must adhere to its guidelines. Your DUI case can be greatly affected if it can be proven that the guidelines were not exactingly adhered to in your situation. Other inconsistencies may include lack of training on the part of the operator of the breath test and the actual condition and maintenance of the breathalyzer device.

As an experienced and dedicated Century City DUI/DWI lawyer, Larry will fully investigate all of the facts related to the use of the breathalyzer in your case. This may include reviewing maintenance records for the equipment, as well as the qualifications of the person who administered the test.

Variables That Affect Results

Additionally, there are many factors which may affect the results of a breathalyzer, including chewing gum, belching, smoking, and a number of medical conditions. Breathalyzer results may be completely discredited in court if your attorney can prove that your results were skewed by any of these:

  • Medical Conditions – A person with GERD (gastroesophageal reflex disease), heartburn, dentures, a hiatal hernia, gum disease or other conditions may produce inaccurate test results.
  • Weight – In general, a person who has a low body weight will be more affected by the same amount of alcohol than someone who is heavier. For example, a larger person will most likely have a lower BAC reading, even when the amount of alcohol consumed is equal to the amount of alcohol consumed by a smaller person, due in part to the percentage of water in the body.
  • Gender – Typically, women have a higher percentage of body fat than men, therefore resulting in a smaller amount (lower percentage) of body water. This means that if a woman and a man with an equal body weight drink the same amount of liquor, it would be likely that the woman would have a higher BAC. There are differing opinions on this, as some studies have shown that females get rid of alcohol from their bodies more quickly than men, which would discredit the viewpoint of how gender affects a person’s BAC.
  • Age – As people get older, their total body water tends to lessen, which could result in older people being increasingly affected by an equal amount of alcohol ingested by a younger person. It has been suggested that blood alcohol concentrations may be as much as 10% higher in an older person than in a younger person who has consumed the same amount of alcohol.
  • Other Factors – Cigarettes, chewing gum, mouthwash, asthma medications, and even the temperature can influence the breathalyzer reading.

Since the breathalyzer is subject to so many variables, there are numerous opportunities to challenge the accuracy and admissibility of your results. An experienced DUI attorney will take advantage of every opportunity to challenge the breathalyzer and weaken the case against you.

Larry Wolf will scrutinize the facts of your case to develop a defense strategy that works.Request your free consultation online or call the offices of Lawrence Wolf at (310) 277-1707 today and help ensure that you prevail in your DUI case.

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Los Angeles Criminal Defense Attorney Disclaimer: The felony, misdemeanor, traffic, criminal defense, drunk driving, DUI, theft, drugs, three strikes law, juvenile law, or other legal criminal defense information presented at this site should not be construed to be formal legal advice, nor the formation of a lawyer or attorney client relationship. Any results portrayed here were dependent on the facts of that case and the results will differ if based on different facts.