The results were tainted because an officer failed to properly calibrate the breathalyzer machine.
The results of chemical blood or breath tests are often a critical part of many California driving under the influence (DUI) cases. Prosecutors typically rely on them to prove that a defendant was above the legal limit of .08 percent blood alcohol content (or lower for some drivers, such as those who are under the age of 21 or who are on DUI probation). Yet as an experienced DUI defense lawyer Rancho Cucamonga, CA can explain, these tests are not necessarily incontrovertible proof that someone was driving under the influence. A recent ruling from New Jersey illustrates that point.
In November 2018, the New Jersey Supreme Court ruled that 20,667 breath tests conducted by the police in driving while intoxicated (the equivalent of DUI) cases were inadmissible. This decision was based on the fact that the machines that were used to administer the tests were not calibrated properly. This decision comes after prosecutors notified the people involved in those 20,667 cases that the state police sergeant involved in their cases may have skipped a required step in calibrating three alcohol breath-testing devices.
In 2016, New Jersey state officials accused this sergeant of not using a thermometer to check that the control solution contained within these devices was at body temperature. If this control solution is not at the proper temperature, the results of the tests may not be accurate. As a result, more than 20,000 breath tests administered on the machines calibrated by this officer have been deemed inadmissible — and the people who were convicted can now seek to have their convictions overturned. This case arose after an attorney for a woman arrested for a DUI filed a lawsuit against the state, alleging that the breath results were potentially faulty. This led to the appointment of a special master to determine the reliability of the breathalyzer results. Although the woman died before the case was resolved, her lawsuit may result in more than 20,000 people having their convictions overturned.
This New Jersey case highlights the importance of law enforcement following proper procedures when conducting chemical blood or breath tests. California has strict rules and regulations in place for doing these tests, and the police deviate from the mandatory process, your DUI defense lawyer Rancho Cucamonga, CA may use this fact to challenge the rests of your breath or blood test. Skipping any step of the process can lead to inaccurate results — and wrongful convictions. That is why it is vital to hire an experienced DUI defense lawyer Rancho Cucamonga, CA who understands the science behind chemical breath and blood tests, and who can skillfully challenge the results of your tests.
If you have been charged with a California DUI, the Chambers Law Firm can help. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation with a seasoned DUI defense lawyer Rancho Cucamonga, CA. We will work hard to get the justice that you deserve!
