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. Because any evidence of impairment is circumstantial, as opposed to direct evidence where we can actually see how the brain is impaired from too much alcohol, experts testimony is needed to draw conclusion from the test done approximately one hour later to the impairment at the time of driving.

Skilled Los Angeles DUI Attorneys knows just how to attack it. For example, a measure of alcohol in blood as based on breath test assumes that all people have a constant conversion ratio between blood and breath of 2100:1. People’s experts will rely on Dubowski’s 1992 study that concludes underestimation actual Blood Alcohol Concentration (BAC) in 86% of of all cases by 8%. Other experts in the field of toxicology will disagree with that study and conclude that BAC results from the breath tests should not be assumed to be identical to results of blood test. The uncertainty is 15% if the driver is postabsorptive. If the driver is not postabsorptive, the uncertainty is more then 50%. (G Simpson 1990 article). Trying a Los Angeles DUI can be a challenge because juries are just confused by all the science presented and try to find an easy way out by convicting defendants.

Contact our office to discuss specifics of defending your DUI case.

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