ARE BREATHALYZERS RELIABLE?

Posted on: June 10, 2015 by in DUI
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California Vehicle Codes 23152(a) and 23152(b)

Orange County DUI attorneyIn Orange County, if you are accused of DUI because of a breathalyzer exam result, get the legal assistance you need immediately by speaking to an experienced Orange County DUI attorney. For a number of reasons, breathalyzer machines are generally unreliable for measuring intoxication levels. Now, dozens of Massachusetts DUI cases are being questioned. Authorities found a calibration problem with breathalyzers being used in Amesbury, and sixty-nine DUI cases in Massachusetts are reportedly now being reviewed. Amesbury and other towns in Essex County, Plymouth County, and Cape Cod will depend on field sobriety tests for making DUI arrests in the near future.

In California, the most-used breathalyzer has been the “Intoxilyzer 5000” made by CMI, Inc. How accurate is it? One Idaho man drank a tiny cup of gasoline – which contains no alcohol – and the Intoxilyzer 5000 measured his blood alcohol content level at almost four times the legal limit. If you use antacids, suffer from acid reflux or diabetes, or work with chemicals like toluene or turpentine – or even paint – a breathalyzer might say that you’re intoxicated when you haven’t had a drop.

In the 2013 case Vangelder vs. California, this state’s Supreme Court ruled that testimony from experts who’ve found that breathalyzers are generally unreliable may not be introduced at trial. However, a DUI attorney may still claim that a specific breathalyzer machine is faulty or was operated improperly. That’s one reason why, if you are charged with DUI in Orange County, you must have the help of an experienced Orange County DUI attorney at once.

A California DUI charge puts your freedom, your future, and your driver’s license at risk. Protect yourself; if you are charged in Orange County with DUI – now or in the future – under California Vehicle Codes 23152(a) and 23152(b), and if that charge is based on a breathalyzer result, speak with an experienced Orange County DUI attorney immediately.

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