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How Good Was the Breathalyzer Test That Led to Your DUI Arrest?

Posted by Martens & Brusseau | Nov 12, 2014 | 0 Comments

Getting busted for DUI in California can be a humiliating, painful, and expensive experience.

Unfortunately, many defendants (and their families) get so confused and terrified by the arrest that they fail to take critical actions to investigate potential defenses. They miss out on obvious strategies that could ELIMINATE JAIL TIME, save their licenses, and protect their reputations, jobs, and wallets.

For instance, many people too-trustingly accept the "DUI diagnosis."

If a breathalyzer test showed that you were, indeed, above the California legal limit of 0.08%, then obviously you were above the limit, right? After all, if these ubiquitous machines made errors often, police wouldn't use them, or the courts wouldn't accept them. Right?

Not so fast.

Breath tests can screw up for any number of reasons. For instance, perhaps the police officer didn't properly calibrate the machine. Perhaps the machine was defective or even recalled. Or perhaps the police officer made an error when recording your results. Or perhaps you ate something or took a medication that led to a false positive on the breath test.

A skilled DUI criminal defense attorney can subpoena the calibration markers of the machine used in your case. California law mandates that police need to calibrate breathalyzer devices every 10 days. If you can determine that a calibration error took place, your case could be dismissed, and you could avoid jail time, fines, and frustration.

Our team fights DUI cases aggressively at Visalia Court at 221 South Mooney Boulevard in Visalia California as well as Porterville Court at 300 East Olive in Porterville, California.

About the Author

Martens & Brusseau

Bio Visalia and Bakersfield criminal defense attorney who has dedicated his life to helping those who have been accused of crimes or injured due to the negligence of others.

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