Santa Ana DUI Defense Lawyer
Considering that breathalyzer tests are most frequently used to determine a driver's blood alcohol concentration after a Santa Ana drunk driving arrest, it is easy to see why challenging this test is an important part of the defense counsel a DUI lawyer will provide.
To be considered "under the influence" a driver must have a blood alcohol concentration (BAC) of .08% or greater and/or must have abilities that are impaired due to alcohol or drugs. Proving that the driver has an unlawful BAC is the primary way prosecutors will work to secure drunk driving convictions. When a driver is arrested, he or she will be given a choice between a breath test and a blood test. Most often, it is a breathalyzer test that is conducted to determine the driver's BAC.
A breathalyzer machine is a device that is used to detect the presence of ethyl alcohol in a driver's breath. When the driver blows into the device, it will make a determination of the amount of ethyl alcohol in the breath sample in order to then determine the driver's BAC. However, a breathalyzer cannot distinguish between ethyl alcohol, which is found in alcoholic drinks, and methyl alcohol, which may be found in other substances. The calculation used to gauge a driver's BAC based off his or her breath sample is also not 100% accurate. If a driver is diabetic or has recently eaten, burped, smoked, drank or vomited, the results may be even less accurate.
Breathalyzer Test Attorney Serving Santa Ana
Challenging a breathalyzer test may be accomplished in different ways. Your attorney will need to thoroughly investigate the matter, possibly revealing an improperly calibrated machine, an inappropriately administered test or perhaps a physical condition in the driver that may have caused inaccurate results.
Find out more about the strategy that may apply in your unique case.
Contact a Santa Ana Breathalyzer Test Attorney at our law firm.