Challenging a Breath Test & A ‘Driving Under the Influence’ Charge in The North Bay, Santa Rosa, San Rafael, Sonoma, Petaluma, Rohnert Park, Cotati, Windsor, Guerneville, Graton, Corte Madera, Novato

By September 23, 2015 August 31st, 2020 DUI Defense

santa rosa dui defense lawyer
1) Inadequate or broken observation period:   In order to properly read your BAC by a breath test, the testing officer must observe you continuously for at least 15 minutes before taking a sample. If you belch, vomit, or regurgitate gas in your mouth before the test, your BAC may read inaccurately high. If the officer has not observed you continuously for 15 minutes prior to measuring your BAC, it will be impossible for him to say that you did contaminate your own breath test.
2) Something in your mouth causes an inaccurate reading:  Common items such as cough drops, breath-mints, or chewing tobacco may remain in your mouth when a breath test is administered and can contaminate the results.
3) Your own personal medical history: If diagnosed prior to your arrest for DUI, several medical  conditions, such as gastric reflux disease, intestinal problems, diabetes, and respiratory problems, can be used to show the likelihood of an inaccurate BAC reading from a breath test.
4) Your own personal dental and hygiene history:  Gum disease, gingivitis, and pockets around the roots of your teeth, as well as dentures or bridgework may trap alcohol in your mouth and contaminate a breath sample.
5) Your behavior or actions do not match test results:  If there are eye-witnesses, video tape, body or CAM camera footage,  observations by officers that suggest you were not intoxicated, it may be possible to challenge the readings from a breath test.
6) Rising blood alcohol level. If your first breath sample registers slightly over the legal limit, and a second sample taken later is higher, it is clear your BAC is rising. If this is the case it may be possible to argue that, at the time you were driving, your BAC was not over the legal limit.
7) Inexperience, a lack of training or incompetence of the arresting or testing officer:   If the officer who arrested you or took your breath sample is not trained in the proper procedure or fails to follow protocol it may be possible to have the results of the improperly administered breath test thrown out.
8) Accuracy of the breath test machine:  An artificially high reading can result from interference with the circuitry of a machine due to radio interference, shared power sources, or smoking in or near the machine. Or simply put, the breath machine may not have been properly maintained or calibrated.
9) Irregular samples. Consecutive BAC readings that vary a great deal can be used to challenge the accuracy of breath samples especially when they are greater than two standard deviations apart.
10) Statutory time limit. The prosecution must prove that the breath sample was obtained within three hours of the time you were driving in order to invoke the presumption that you were intoxicated at the time you were driving.
If you or your loved one is currently facing a DUI charge in The North Bay, INCLUDING SANTA ROSA, SAN RAFAEL, SONOMA, PETALUMA, ROHNERT PARK, COTATI, WINDSOR, GUERNEVILLE, GRATON, CORTE MADERA, NOVATO OR ANYWHERE IN THE NORTH BAY, NORTH OF THE GOLDEN GATE– you must call us now to protect your driver’s license and to avoid being convicted of a DUI– at 707-571-8600 OR 415-492-4507.
You ONLY have 10 days from the date of your DUI arrest to contact the DMV to set a DMV hearing or you will lose your driver’s license on the 30th day after your arrest!—But we can avoid that!!!
We have over 40 years of combined experience defending clients and will FIGHT in the courtroom and at the Department of Motor Vehicles Administrative Hearing to get you the results you deserve.
santa rosa dui defense lawyer
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Michael A. Fiumara

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