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Should You Trust the Results
The scenario: You’re driving home from a dinner party, reminiscing of the great conversation, food, and company you just enjoyed. All of a sudden you see flashing lights behind you; confused, you pull over. The officer comes up to your window and after some conversation, you end up taking a breath test. The results lead to your arrest and DUI charge. But how can this be? You didn’t even drink this nigtht! This blog post will help explain how this happens and what your skilled DUI attorney will do to fight for you.
Because breath testing involves the analysis of microscopic amounts of alcohol it is critical that everything involving the breath test be done with precision and pursuant to established procedures—small variances in procedures can result in huge variances in results.
A skilled criminal defense attorney will know how to explain to jurors how a sober person can obtain a .16% breath test result. Jurors will accept the notion presented by the skilled defense attorney that a procedural error may result in some inaccuracy in the test outcome, but most jurors legitimately wonder how a routine error could possibly produce a result that is more than two times the legal limit. After all, the jurors’ own bathroom scales seldom have such error rates. To many reasonably minded jurors it seems that it would take an error of seismic proportions to take a breath test from a true value of .06%, to a reported test value of .16%. A skilled criminal defense attorney will have the answer to these understandable questions, and emphasize the common theme about small variances resulting in huge variances.
A skilled criminal defense attortney, who know DUI laws will know to first assess the calibrarion of the breath test machinery. The defense attorney will examine the calibration records of the breath machine. If you do not review the records it is difficult to object that the machine was improperly maintained. The purpose of this review is to see whether there is documentary evidence that the device was working properly. Absent this, the test may not even be admissible. (Big win for the defense!) If the records reveal that the device was not functionally properly the defense is fairly simple: the breath machine was not functioning. This is an effective defense because the prosecution must establish that the breath test has been conducted in accordance with the rules, including the successful completion of the required preventive maintenance check and the certification of the Intoxilyzer’s accuracy.
Here’s the mark of a skilled defense attorney: knopwing the difference between a calibration check and calibration. A calibration check is simply a check to see if the unit is properly measuring samples. It does not include an adjustment or calibration of the machine. The difference is similar to the difference between checking to see if your car needs a tune-up, and actually giving the car a tune-up.
If you have been arrested for suspected DUI it is imperative that you contact a DUI criminal defense attorney. You need an attorney with familiarity to the San Diego court system, and one who knows when and which arguments to make on your behalf. Call the Monder Law Group today.