May 7, 2008
San Diego DUI attorneys are challenging San Diego DUI Intoxilyzer test results. Erroneous San Diego DUI test results may be attacked at the San Diego Drunk Driving trial.
Questioning the San Diego DUI test results should weaken the San Diego DUI attorney prosecutor’s case.
A person should not be convicted of a San Diego DUI if the underlying San Diego DUI test is suspect or creates doubt.
Not surprisingly, a San Diego DUI breath test machine does not work as advertised. Among the San Diego DUI machine failures, include but are not limited to:
1. The San Diego DUI breath test machine does not reliably and accurately detect mouth alcohol.
This results in a reported breath alcohol concentration much higher that the person’s actual alcohol concentration. Those with gastric reflux issues (G.E.R.D.) or who burp or belch before giving a sample are not treated fairly and may be unfairly accused of having an alcohol concentration well over their actual alcohol concentration. The State has claimed that the machine’s “slope detector” will flag such a problem, but the detector does not work as claimed. In fact, top forensic scientists agree that these devices are entirely unreliable and cannot be relied upon to prove guilt in a San Diego DUI case.
2. The San Diego DUI Intoxilyzer does not accurately and reliably subtract all interferents such as Isopropanol and Acetone. These compounds have a similar molecular structure as alcohol. Although a machine may identify the presence of such substances, it does not fully subtract the amount of the added “alcohol” on the driver’s breath. Those with diabetes or who have endured prolonged exposure to such substances as paint fumes, solvents and numerous chemicals can be adversely affected.
3. The San Diego DUI machine can be greatly affected by the manner in which the subject blows into the Intoxilyzer. By hyperventilating, blowing at a minimal rate and giving a minimal volume of air, a person can lower the reported alcohol concentration by at least 50%. Often San Diego DUI officers attempt to obtain the highest reading by having the person hypoventilate and completely empty their lungs before blowing but this will raise the reported alcohol concentration by as much as one-third.
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San Diego DUI Attorney Rick Mueller is a Premier San Diego California Drunk Driving Lawyer, San Diego California DUI & San Diego California DMV Defense Attorney with over 24 years of experience. San Diego California DUI Lawyer Rick Mueller dedicates 100% of his San Diego DUI law practice to aggressively defending those accused of San Diego Driving Under the Influence.
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