Breath Test for DUI California

Alcohol Breath Test and The Problems it Creates During DUI Investigations

February 17, 2016

Alcohol breath test is not as reliable as police wants them to be.  We are all fall under the impression that an alcohol breath test conducted by a police officer and showing that you are above Legal Blood Alcohol Level means that you are drunk driving and should be arrested on a stop before someone gets hurt.  Yet, what gives the DUI Breathalyzer its credibility is not entirely clear.  Does it deserve the trust placed into it by the police officers of this city and the ordinary citizens?  Here, we are addressing some of the issued with alcohol breath test and why it can be inaccurate and lead to wrongful convictions. Upon a DUI arrest, the police will ask you to […]

Read more »

Reliability of DUI Breathalyzer in DUI Prosecution

June 2, 2014

A history of DUI Breathalyzer device, commonly used by law enforcement to prosecute DUI cases in Los Angeles, can be traced to early 1900s, when it was first noted that alcohol level on breath of impaired individuals is correlated to the alcohol level in blood. The ratio of correlation is now assumed to be a constant and equivalent to 2,100. However, the science development in recent years put into question the reliability of DUI breathalyzer because the correlation of blood alcohol level to breath alcohol level is not constant between different individuals and it also can vary in same person from day to day or hour to hour. Since the first DUI breathalyzer was used by law enforcement in 1938 in […]

Read more »

On consent to DUI chemical test in Los Angeles

March 15, 2014

This is a little technical post but very helpful in some Los Angles DUI cases. Every single DUI arrest in Los Angeles (and the rest of California) involves an eventual request to consent to DUI chemical test. Los Angeles Police officers (and peace officers of other agencies), after arresting a driver suspected of drunk driving, will tell a driver that he has to submit to DUI chemical test of his blood test or breath test.  In other words, they are asking the driver to consent to search of his body for evidence of crime! This is a search and seizure (AKA 4th amendment) issue that can and need to be litigated. Why? Because not all consents are valid! US Supreme Court […]

Read more »

Relationship between amount of alcohol in blood and breath for DUI investigation purposes.

June 27, 2013

According to the science that the government uses to prosecute DUI cases in Los Angeles, all man are created equal.  That is, everybody, regardless of age, body structure or sex has the same ratio of alcohol in the blood to breath.  In scientific literature this ratio is called the “partition ratio” and in the United States it is universally accepted by law enforcement crime labs as 1:2100.  That is: all people have the same ratio!  This conclusions is ridiculous and is based on some questionable scientific articles.  One such questionable scientific article is a study by Dena Jaffe conducted in Israel with a conclusion that blood alcohol and breath alcohol results are highly correlated – having a correlation ratio (r) […]

Read more »

Scientific Support in Undermining Results of Blood/Breath Test.

February 5, 2012

A skillful DUI lawyer in Los Angeles will use science to attack the reliability of breath results. Some Los Angeles DUI lawyers have background in science, others learned enough from books and experts. The prosecutor, as part of his case, will use an expert to interpret the blood results and opine on the impairment. Defense can either attack the testimony of the People’s expert or/and can call its own expert who will opine that there is no impairment and/or that the alcohol level at the time of driving is below the statutory .08%. Short of calling your own expert, Los Angeles DWI lawyers need to know basic scientific articles discussing science behind alcohol impairment and level of alcohol in blood. […]

Read more »

DUI test: problems and results

January 30, 2012

Any DUI prosecution depends on blood or breath test results that will be used to prosecuted a DUI case.  DUI test results then will be presented to the court as evidence of guilt. DUI lawyer Los Angeles knows how to defend against DUI test results and will prepare a defense of DUI test. Knowledgeable Los Angeles DUI lawyers can undermine results of a DUI test using scientific approach to DUI.  Depending on the circumstances of a DUI arrest in Los Angeles, DUI test results can be very defensible. There are number of approaches that can be taken by drunk driving defense lawyer against both DUI blood test and DUI breath test.  For example, Los Angeles DUI Attorney can question validity […]

Read more »

ATTENTION

THIS WEBSITE IS CREATED FOR ADVERTISEMENT PURPOSES AND DOES NOT ESTABLISH AN ATTORNEY CLIENT RELATIONSHIP. UNLESS THERE IS A CONTRACTUAL AGREEMENT BETWEEN ATTORNEY AND CLIENT. DO NOT USE INFORMATION ON THIS WEBSITE FOR LEGAL ADVICE WITHOUT TALKING TO AN ATTORNEY ABOUT SPECIFICS OF YOUR CASE. EXAMPLES AND CONSULTATION WILL NOT GUARANTEE INDIVIDUAL RESULTS.
ALL CONTENT ON THIS SITE IS CREATED FOR ATTORNEY ALEX ANDRYUSCHENKO