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Breathalyzer Tests

Results of the Breathalyzer Test

Many people are shocked to find out that even though they have failed a breath test and been charged with a DUI, they may not actually be guilty. Although breathalyzers are approved by the state as a means of collecting evidence for a suspected DUI, the tests are inadequate and subject to much scrutiny.

An experienced Santa Rosa DUI Attorney understands the inaccuracies of breath tests and can determine whether your readings should be aggressively challenged. Criminal Defense Attorney Michael A. Fiumara is experienced in attacking breathalyzer results and has successfully defended hundreds of people with DUI charges.

The most commonly used breath testing devices used by police are based on infrared spectroscopy technology. The idea is to measure the amount of ethyl alcohol in the deep lung tissue by seeing how much infrared energy is lost to absorption by ethyl alcohol in the suspect’s breath sample. There are many flaws inherent in this procedure, however.

Most of these infrared type machines are designed to pick up only a part of the ethanol molecule known as the methyl group. Infrared based breathalyzers have been shown to pick up any molecule with a methyl based compound, not just ethanol. This can lead to the prosecution and conviction of a perfectly sober individual.

Contact a Santa Rosa DUI Lawyer right away if you have been charged with a DUI. North Bay DUI lawyer Michael A. Fiumara has a thorough understanding of these flawed breath testing devices and will aggressively challenge your breathalyzer results.

Certain studies have shown that more than 100 chemicals can be found on a person’s breath regularly. What is shocking is that 70% – 80% of these chemicals contain a methyl compound. It is easy to see how a breath test can be extremely unreliable as a method of detecting blood alcohol concentration.

Some of the many common things that can trigger an illegal reading on a breath test include:

Long term smoking

Diabetics that are not under treatment

Fasting

Inhaling paint, lacquer, or glue fumes

Certain types of bread products

Exposure to gasoline fumes or dry cleaning agents

It is important to hire an attorney experienced in defending DUI cases. DUI charges can lead to license suspension, probation, hefty fines and jail time depending on how many prior convictions you may have had. Your attorney should be aware of how to attack and discredit breathalyzer and field sobriety tests. Santa Rosa DUI Defense Attorney Michael A. Fiumara has successfully defended hundreds of people with DUI charges. He will evaluate your case honestly and give you the best course of action for your defense. Don’t assume you are guilty!

Contact the Law offices of Michael A. Fiumara today at 707-571-8600 OR 415-492-4507.

Let us start aggressively defending you today!

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Case Results

  • DUI- REDUCED
  • DOMESTIC VIOLENCE- REDUCED
  • POSSESSION OF METH- DISMISSED
  • FELONY ARSON- RESOLVED
  • RESISTING ARREST- RESOLVED
  • POSSESSION OF MARIJUANA- REDUCED
  • PROBATION VIOLATION- RESOLVED
  • POSSESSION OF COCAINE- REDUCED
  • CONCEALED WEAPON- DISMISSED
  • DRUNK IN PUBLIC- RESOLVED
  • JUVENILE DRUG/WEAPON- RESOLVED
  • FELONY RAPE- REDUCED
  • DUI- Hung Jury
  • SOLICITATION OF PROSTITUTE- DIVERSION
  • POLICE EVADING- REDUCED
  • DUI- REDUCED
  • DOMESTIC VIOLENCE- REDUCED
  • FURNISHING ALCOHOL/MINOR- RESOLVED
  • RESISTING ARREST- DISMISSED
  • ACCIDENT DUI- DISMISSED
  • CANNABIS CHARGES- REDUCED
  • DOMESTIC VIOLENCE- DISMISSED
  • DRUNK IN PUBLIC- DISMISSED
  • PUBLIC INTOXICATION- DISMISSED
  • JUVENILE CASE- DISMISSED
  • PROSTITUTION SOLICITATION- DISMISSED
  • ASSAULT & BATTERY- DISMISSED
  • ARSON- RESOLVED
  • PETTY THEFT- COMMUNITY SERVICE
  • POSSESSION OF NARCOTICS- DISMISSED
  • FELONY MARIJUANA- MISDEMEANOR
  • FELONY WEAPONS POSS.- REDUCED
  • Felony Assault - JURY ACQUITTAL
  • Domestic Violence - JURY ACQUITTAL
  • Felonies - REDUCED to 1 MISD.
  • Felonies - REDUCED to 1 MISD. NO JAIL
  • Sex Felonies - REDUCED/NO JAIL
  • Prostitution - DIVERSION/NO JAIL
  • 2nd Theft - DISMISSED
  • Drug Felonies - NO JAIL
  • Driving Misd - REDUCED TO INFRACTION
  • Resisting Arrest - DISMISSED
  • Juvenile Sex Felonies - DIVERSION
  • Multi-ED CODE Charges - REMAIN IN SCHOOL
  • 3 VOP'S - ALL DISMISSED
  • 1st Degree Burglary - REDUCED

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