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Breathalyzer test results are one of the most common pieces of evidence used in a Los Angeles DWI case, but they aren’t foolproof. You might not be guilty, and a competent defense lawyer can often help you fight these test results. 

One court even recently tossed every breath case in Washington state when four judges signed an opinion finding that the Washington State Patrol laboratory in charge of the machines knew for years that the software used by the machine did not adhere to state law. One department even used a machine that had rats nesting in it. 

Remember, breathalyzer tests don’t even measure the amount of alcohol in your blood. It measures methyl compounds, which can include acetone, acetaldehyde, and more. 

Calibration Errors

Breathalyzers must be calibrated before they can work properly. As your defense attorneys, we’ll pull the calibration records. If the breathalyzers weren’t calibrated according to the appropriate schedule, then we can undermine the test results. Some departments use stale or homemade chemical solutions that don’t provide accurate results. Sometimes those results are as much as 40% too high! 

In addition, police officers must administer the test properly. For example, if they don’t observe you for at least 15 minutes prior to giving your sample to ensure you didn’t eat, drink, smoke, or vomit prior to giving the results then the results aren’t trustworthy. 

False Positives

Are you diabetic? Do you have GERD? Do you have a heart condition? Do you eat a high protein diet? Do you work with industrial chemicals? Did you eat some ice cream right before you got pulled over? 

All of these circumstances have caused false positives in DWI cases before. 

Civil Rights Violations

Sometimes police violate your constitutional rights when they pull you over in the first place. For example, if they pulled you over without reasonable suspicion that you were breaking traffic laws and had no probable cause to believe you were intoxicated then we can challenge the evidence.

We may even be able to get the breathalyzer test results thrown out of court, which means no jury will ever see them. 

Get Help Today

Don’t plead guilty to a DWI before speaking to an experienced defense lawyer. Wrongful convictions do happen in DWI cases, especially when prosecutors try to convince the defendants themselves that these tests are infallible. 

Contact us to schedule a free case review today. 

See also:

Do You Really Need a Los Angeles Criminal Lawyer if You’re Innocent? 

What Happens at a Sobriety Checkpoint in Los Angeles? 

Your Rights During a Los Angeles Traffic Stop