Bakersfield DUI Breath Test Defense Attorney
To charge you with driving under the influence in California, the state must prove that you had a blood alcohol content of .08 or higher at the time you were driving. While this may sound like a simple thing to do using a breath test machine, it is anything but. In many cases, an aggressive lawyer can beat Breathalyzer test results by proving that the machine was not adequately maintained, not properly calibrated or that the officer administering the test was untrained in the correct operation of the machine.
I'm lawyer Mark J. Madrigali. From my Bakersfield law office, I represent clients throughout California who face DUI/DWI charges. I offer a free initial consultation to discuss your case.
Challenging DUI breath test results in California:
- Were you .08 or higher at the time you were stopped? If you consumed alcohol shortly before you were stopped, your BAC may continue to rise after you were pulled over. If you were not tested promptly, you may have been over .08 when you were tested but actually under .08 at the time you were driving.
- Certain medical conditions can be responsible for an inaccurate BAC. Acid Reflux Disease is one example of a medical condition that may cause faulty BAC results. Diabetes is another.
- Was the Breathalyzer machine stored properly? The Breathalyzer used in California measures the percentage of alcohol in a sample chamber. If the machine was not cleaned and stored properly, alcohol can ferment in the sample chamber, resulting in a false BAC reading.
- Was the Breathalyzer properly calibrated? If not, it can give a false BAC reading.
- Was the operator certified to use the machine? Breathalyzer machines are not as straightforward to use as they may seem. If the operator was not certified in the proper operation of the machine, the results may be suppressed.
To challenge Breathalyzer test results, you need a lawyer who is knowledgeable about the science of chemical testing. I use experts who can testify in court about any flaws in the Breathalyzer machine itself, the operator's credentials or the results.
Free consultation with an experienced DUI defense attorney
For more information challenging Breathalyzer tests, call Bakersfield DUI defense lawyer Mark J. Madrigali for a free initial consultation at 661-578-5659 (español 661-578-6272) or fill out our simple online contact form.
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