Breath Testing For Blood Alcohol in DUI Cases
Arrested for a DUI in the Long Beach area? The breath test machine used in
Long Beach is manufactured by CMI and has been around for many years. The
breath testing process in Long Beach is overseen by the Long Beach Police
Department Crime Lab and they have written the protocol for the administration
of the breath test by all officers. Anyone who has been charged with drunk
driving in the jurisdiction and blows into a breathalyzer will be subject to the
internal workings of this particular machine.
Breath testing in general is susceptible to many problems, namely
contamination by mouth alcohol, interfering substance issues such as acetone,
failure to properly follow the regulations including the lack of a continuous
observation period prior to administration of the test.
The Intoxilyzer 5000 is notorious for giving false readings in a variety of different
circumstances. For example, the machine often confuses the substance
acetone with alcohol. Acetone is found in the mouths of many people,
particularly those with diabetes and blood sugar maladies. In addition, our
attorney has successfully gotten the machine readings suppressed in a number
of cases that involve mouth alcohol and displays an "Invalid Test" situation. In at
least two cases in the last year the lawyer, Matthew Ruff, has obtained an
acquittal in criminal court and drivers license suspension set asides in other
cases where the Long Beach Police and/or the CHP has hidden crucial
evidence of breath testing improprieties involving this machine. In one
noteworthy case the jury disregarded a breath reading of a sample with .10%
and found our client not guilty due to the police officer improperly using the
machine and then trying to hide his mistakes. In another case, the DMV in El
Segundo threw out a reading of a .13% when counsel proved that the machine
may have been reading mouth alcohol residue rather than true blood alcohol.
This result was possible even though a Forensic Alcohol Supervisor from the
Long Beach Crime Lab testified that the machine was operating properly.
Modern day breath machines are touted as being reliable to determine a DUI
suspect's blood alcohol level. Because the machines are used so frequently
they have taken on an aura of scientific reliability in the legal system that has
fostered an environment that sometimes overlooks mistakes and "minor"
deficiencies in the regulatory requirements. It is the job of the Defense Attorney
to find these deficiencies and expose them in order to keep the system form
becoming rubber stamp for law enforcement.
Our intricate knowledge of the science principles behind breath testing
machines allows us to find the defect in your DUI case. Our Long Beach driving
cases in Long Beach and throughout Southern California. Contact us today for
a no-obligation case review of your DUI arrest. Breath machines in DUI cases
are not always reliable or trustworthy.
In addition to the Intoxilyzer 5000, we our very knowledgable about other devices
such as the Datamaster which is used in all Manhattan Beach DUI cases, the
ECIR which is used in Los Angeles city, and all portable machines such as the
PAS Alcosensor 4 used by the Police department for El Segundo DUI charges.
The Datamaster is commonly used in Torrance and many of the South bay cities
and throughout Los Angeles County. Our attorneys know the inner workings of
the machine and how to beat it in Court.
Most driving while intoxicated cases will invariably involve a machine that tests
the breath of the arrested subject. In our experience, the law will tolerate an
attack on the machine if it can be demonstrated that it was out of compliance or
Call the Law Firm that FIGHTS the breath test and get a free consultation.
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