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There are many methods an experienced and knowledgeable defense attorney can utilize to attack the validity of a breath sample.
The following are just a couple of the requirements that the arresting agencies must live up to in order for a breath test result to be upheld:The breath machine has been properly maintained and calibrated
When you elect to submit to a breath test under California’s chemical test requirement, two separate breath samples must be obtained. Assuming all is in working order, there is an acceptable variable of +/- .02% between the two samples. If your result is a .08%/.10% that means there’s an allowable error of 20%. That 20% can make a big difference in the outcome of your case.The breath sample was properly obtained
California law requires that the arresting officer continuously observe you for a minimum of 15 minutes prior to your breath test to prevent improper readings due to “mouth alcohol.” The officer is making sure you did not burp, belch, regurgitate, or vomit during this period of time. In addition, assuming you were properly observed, you may have a pre-diagnosed medical condition, which makes you an improper candidate for breath testing.
When you hire the experienced and knowledgeable attorneys at WILL & WILL, LLP to represent you in a Dui case where you have provided a breath sample for analysis, our lawyers will review all discovery related to that chemical test to ensure that it was obtained properly. If there is any basis upon which to attack the validity of the sample provided, we will find it!
If you feel that your breath result in your DUI case may be wrong, call or fill out our online contact form to discuss your case with a WILL & WILL, LLP DUI attorney.