Attacking the Breath Test

There are a number of ways in which an experienced DUI attorney can attack chemical test results. Remember, the BAC Datamaster and the Intoximeter EC/IR, the primary evidentiary breath-analyzing devices used in the greater Los Angeles area, are just machines. As machines, breath alcohol testing devices have flaws, and their results should always be suspect. Your car can break down, your computer hard drive can crash, and breath alcohol testing equipment can be faulty.

Malfunctions and defects relating to the equipment used to gauge your blood alcohol concentration can generate readings that are both inaccurate and unfavorable. Physical and medical factors and conditions can also produce falsely high results. These include, but are not limited to, hypoglycemia, gastroesophageal problems (such as Gastrointestinal Reflux Disorder, or “GERD”), the use of amphetamines, spiking blood sugar levels caused by diabetes, the production of isopropyl alcohol in your blood from eating a diet low on carbohydrates, inordinately slow or rapid rate of metabolism, body fat, and a host of other conditions and physiological phenomena.

As your Los Angeles DUI lawyer, Ernenwein & Johnson will never simply assume that breath results are accurate. We will thoroughly interview you regarding your medical history and lifestyle to determine whether any foreign substance or pre-existing medical condition may have affected your breath alcohol test results.

In a breath test, all accuracy records, maintenance logs, and usage logs for the machine in question should be carefully evaluated by an experienced professional, to determine whether or not the breath test equipment was in compliance with Title 17 of the Administrative Code. The breath testing device checklist and all materials referenced by the checklist, including the certification and qualifications of the operator must be carefully scrutinized. Our experienced Los Angeles DUI attorneys will obtain and examine all of these records while preparing a defense for your case.

Ernenwein & Johnson are expert and experienced Los Angeles criminal defense lawyers with over 40 years of combined experience defending persons accused of DUI.

Robert Ernenwein is a former Los Angeles Deputy District Attorneys and is Certified as a Criminal Law Specialist by the California State Bar Board of Legal Specialization. He has been named as a “Super Lawyer” by Los Angeles Magazine and has appeared as a legal analyst on multiple cable news programs, including Fox News.

The experience and capabilities Ernenwein & Johnson will bring to your DUI Defense are unmatched.

Have you or someone you know been charged with DUI or any other crime? Contact Ernenwein & Johnson, Los Angeles and Orange County Criminal Defense Lawyers today at 310-375-5858 for a free case review.