California DUI Attorney - Breath Testing

The use of Breathalyzers is by far one of the most commonly used methods of testing a suspected DUI offender's BAC.  Today, there are a number of different types of breath testing machines being used by law enforcement.  Each one of these utilizes its own mechanism in making an analysis of the alcohol content in exhaled vapor.  The two types of roadside breath tests that are given today are the PAS (Preliminary Alcohol Screening) and the PBT tests.  It is important to note that the PAS test does not fall under California's Implied Consent laws, but rather is a voluntary test.  Moreover, the officer seeking to administer this test should in fact advise the motorist that he or she is making a request to perform this test in order to determine whether or not the motorist is driving drunk.  Additionally, the officer must advise the motorist that he or she is under no obligation to take the test.  However, if an arrest is made, then the motorist is required to submit to a breath or blood test in order to determine BAC. 

 

In theory, determining the amount of BAC is supposed to be accurate.  However, California DUI attorneys should be aware that there are a number of potential problems that exist, both theoretically and operationally, that can result in an inaccurate test measurement.  Breath machine test accuracy has been challenged by California DUI/DWI attorneys for years.  These machines are subject to a number of problems including accuracy, calibration, and maintenance.  It is always wise for a California DUI/DWI attorney to probe into such issues to determine if errors were made.  Additionally, California DUI/DWI lawyers should look at whether or not the officer who administered the test was properly trained to do so.  There are rules and regulations that must be strictly adhered to with the administration of such tests.  An experienced DUI/DWI attorney will have the expertise required to find any errors in the machine's accuracy, calibration, or maintenance.