Breath Tests

DUI Breath Tests in Sacramento

Like most other states, California has strict laws in place to keep drunk drivers off of the road. Whenever a driver is caught with a blood alcohol concentration (BAC) of .08% or higher, he or she will arrested for DUI and face the possibility of severe penalties if convicted. Thanks to California’s “Implied Consent Law,” every person who has a state driver’s license is required to submit to a breathalyzer or chemical test if an officer suspects them of driving under the influence. Refusing these tests will still result in a DUI arrest and may bring about more severe penalties as well.

One of the most common methods used to measure a person’s blood alcohol concentration is breath testing. These tests are conducted by using several different breath testing instruments, but the most common instrument used is the breathalyzer. A breathalyzer takes a sample of the driver’s breath and mathematically converts the alcohol levels found in the breath into the amount of alcohol that is in a person’s blood. The standard formula for converting a breath result into a blood-alcohol level is not always accurate for everyone, however, and can vary greatly depending on certain factors.

Inaccuracy of Breath Tests

The same experts who say that the standard ratio used to derive a BAC percentage from a breath test usually underestimates the amount of alcohol the driver consumed, also agree that Breathalyzer results can also overestimate the amount of alcohol in a person’s blood. There have been many controversial DUI cases involving Breathalyzer test results, and some Breathalyzer devices have even been recalled because of their inaccuracy.

There are several factors that influence the accuracy of breath tests, including one’s physiology, the environment and procedural errors. Breathalyzer instruments are unable to distinguish alcohol from other chemicals, and this can lead to faulty DUI arrests in several ways. Each individual has a unique body chemistry or make-up, and some people fail breath tests because they suffer from heartburn, GERD, diabetes, or acid reflux. These conditions can product mouth alcohol that interferes or masks the alcohol that is in your deep lung air, the air that breath testing instruments are designed to measure.

When individuals are the Atkins diet or another high-protein diet, their bodies produce isopropyl alcohol, which the Breathalyzer can mistake for the type of alcohol that is consumed in alcoholic beverages. In fact, the average person’s breath contains over 100 different chemicals, and studies show that breathalyzers falsely identified 70% to 80% of them as alcohol.

Contact a Sacramento DUI Attorney Today!

There are several other ways in which a breath testing instrument can produce a false BAC result and subsequently lead to a wrongful DUI arrest. It is especially important to contact an experienced DUI lawyer immediately after your arrest so that you can determine what evidence is irrelevant and build a case to fight your charges. Regardless of whether you were accused of your first DUI or a felony DUI the team of Sacramento criminal lawyers at Wise Law Group, PC have the skill and legal insight to help you fight for your rights and your freedom. Call today to schedule a consultation with one of the DUI attorneys at the firm.

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