Faulty Breathalyzer Tests May Lead to DUI Convictions Being Reversed

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In San Jose, California, nearly 900 driving under the influence cases may be reversed due to faulty breath-testing devices. Law enforcement in San Jose had been using the breath-testing devices since November 2010, but stopped after discovering that the machines were not reliable.

Law enforcement in San Jose used the Alco-Sensor V breath-testing device as part of their field sobriety tests. Prosecutors and defense attorneys believe that as a result of the faulty devices, cases may be dismissed or convictions reversed.

The incident that occurred in San Jose is not uncommon. Across the country defense attorneys are challenging the reliability of breath-testing devices that are oftentimes poorly maintained by law enforcement and inaccurate. Unfortunately, many individuals who are arrested on suspicion of driving under the influence do not take the necessary steps to properly challenge the reliability of the breath testing devices.

In Fresno, California, local law enforcement uses the Alco-Test 7410.  The machine is used as both a preliminary alcohol screening device, and an evidentiary test.  If the machine indicates that your blood alcohol concentration is .08% or more, an individual is arrested and charged with driving under the influence.

Once arrested for driving under the influence, an individual must contact the Department of Motor Vehicles within 10 days. If the individual fails to request a hearing, the Department of Motor Vehicles will suspend that individual’s driving privilege. The length of suspension will depend upon if the individual has any prior convictions for driving under the influence, administrative suspensions for driving under the influence, and their age at the time of the offense.

In order to properly challenge an arrest for driving under the influence, an individual should contact an experienced Fresno DUI attorney. Only an experienced Fresno DUI Attorney will take the necessary steps to protect your driving privilege. One such step is to obtain all the relevant information with respect to the maintenance of the breath-testing instrument that may have been used by law enforcement at the time of arrest. An experienced Fresno Criminal Defense Attorney will also utilize the services of independent experts to review the maintenance logs provided by law enforcement to determine whether the machine was maintained in compliance with Title 17 of the California Code of Regulations. This is only the first of many steps that an experienced Fresno DUI Attorney will perform in order to protect your driving privilege.

If you or a loved one has been arrested on suspicion of driving under the influence, you should contact an experienced Fresno DUI Attorney or Madera DUI Attorney  today.

If you have any questions regarding the services provided at the Law Office of Gregory W. Fox,
or would like to schedule your free initial consultation, please contact us today at (559) 222-5800. Hablamos español.