Investigation finds many inconsistencies in breathalyzer machines and use of the test
If you ask a DUI lawyer San Bernardino, CA, they will likely tell you that breathalyzer tests are inaccurate. Over years of practice, California attorneys have seen firsthand how often these tests are wrong. Yet despite these issues, law enforcement agencies and prosecutors continue to rely on the results of breathalyzer tests. A new article from the New York Times demonstrates the depth of these problems.
According to the New York Times investigation, chemical tests of a person’s blood are commonly used to support the arrest and conviction of drivers. However, these tests are often unreliable. In the past year alone, judges in Massachusetts and New Jersey have thrown out more than 30,000 breath tests. This is typically due to human error and poor oversight by the government. Across the United States, thousands of other tests results have also been invalidated.
There are many reasons why the results of a breathalyzer test may be inaccurate. If the machine that administers the test is not properly calibrated, results may be as much as 40% too high. The machines are maintained by the police departments that have them — yet many of these agencies lack the expertise to care for the machines. There may also be lax standards within the department for maintenance and calibration. According to the Times, some police departments have used chemical solutions that are stale or homemade — which can lead to false results.
The
Times also reported a number of other issues with breathalyzers, such
as:
- Programming mistakes in the machines’ software
- Unreliable equipment
- Agencies disabling safeguards that would ensure accuracy
- Issues with the administration of the test itself
- Common factors that may throw off the results, such as the use of mouthwash or breath mints or an inability to produce enough breath
- Calculation errors within the machines
- Warm breath causing inaccurate results
Courts across the country have thrown out DUI cases because of the inaccurate nature of the test results and the machines themselves. Yet breathalyzer tests continue to be used, including in California — where both the results of a roadside breathalyzer test and a chemical breath test conducted at a police station are admissible in court. Importantly, you have the right to refuse a roadside breathalyzer test unless you are currently on DUI probation or are under the age of 21.
There is no question that the use of breathalyzers to determine BAC — and then convict people of DUI — is problematic. Unfortunately, law enforcement agencies in California continue to rely on these tests that may produce false positives and other errors. So what can you do?
According to a DUI lawyer San Bernardino, CA, the first thing that you should do is refuse to take a roadside breathalyzer test (unless you are on DUI probation or under the age of 21). This type of test, administered before an arrest, may give police the evidence that they need to arrest you for a DUI — and the results may not be accurate. If you are arrested, choose to take a chemical blood test instead of a breath test. Not only are the results of these tests generally more accurate, but your attorney can request that a sample of your blood be preserved for independent testing. This type of testing cannot be done with a breath test. In this way, your DUI lawyer San Bernardino, CA can more effectively challenge the results of your test.
If you are facing DUI charges, the Chambers Law Firm can help. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation.
