Breathalyzer

Breathalyzer in California DUI Defense and Breath Test Attorney

A breathalyzer, or breath test, known as preliminary alcohol screening (PAS), is used at the scene to determine the blood alcohol concentration (BAC) of an individual. This test is usually used in conjunction with field sobriety tests (FSTS), such as standing on one leg or finger dexterity. Frequently, a PAS test is improperly administered and provides a false reading. PAS results may be inadmissible in court if the officer did not have a legal basis for the stop or the test is improperly conducted, you were chewing gum, belching, smoking, etc.. At Hinkle, Jachimowicz, Pointer & Emanuel, we have experienced with challenging breathalyzer evidence to protect the rights of clients facing DUI charges.

A breathalyzer could be improperly maintained or administered. Our attorneys will fully investigate the facts of your case and the use of a breathalyzer to protect and assert your rights in court. Contact us today for a free consultation about your DUI charge or breathalyzer results.

Santa Clara County Breathalyzer Log Reports
Our firm subscribes to a Santa Clara County report, which keeps track of every breathalyzer machine used in the county. This report provides a detailed history of each machine, indicating when it was calibrated, maintained or repaired. These reports often provide valuable evidence regarding the accuracy of the test and the reliability of the results.

Improper administration
An officer administering a breathalyzer test must be properly trained and have experience with the machine. The technology is complicated and improperly trained personnel may generate erroneous results. Our attorneys can effectively investigate whether a test was improperly administered or that an officer was not certified and challenge breathalyzer or blood test results in court.

Our attorneys are experienced with breathalyzer technology and can challenge evidence presented by machines used by California police departments and sheriffs. Call today.

Conditions that may affect results
Every time a test is administered, individual circumstances may affect the quality of the reading or the validity of breathalyzer test results. An individual with GERD (gastro esophageal reflex disorder), heartburn, a hiatal hernia, dentures, bulimia or other conditions may produce erroneous test results. Our attorneys can assess whether you have a medical condition that has affected the quality of your test results and challenge the evidence presented against you.

Contact us today for a free consultation with an experienced DUI lawyer. Our attorneys in San Jose and Gilroy, California, are dedicated to providing aggressive criminal defense.

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