Was the breathalyzer in my DUI case properly calibrated?
After a drunk driving arrest in California, people will inevitably have a litany of concerns. They will wonder if they are going to lose their driver’s license; if they will go to jail; how much their fines will be; and if it will have a negative impact on their future endeavors.
In short, they are deeply fearful as to what the future might hold.
Formulating a viable defense can be crucial to avoiding the worst penalties. While many will consider the evidence in terms of their blood alcohol concentration and the investigation, they might not consider whether the testing device was properly calibrated or the investigating officer had the necessary training to give it. Knowing the law can be a vital aspect of a defense.
The investigating officer might have violated procedure
When the breath test is given, the officer must have two samples with the results being within 0.02 grams for every 210 liters of breath. If there is a bigger discrepancy in the two tests, then this could be a justifiable reason to question the entire process.
The machine is expected to be tested for accuracy on a periodic basis. It must be done at least every 10 days or for every 150 subjects, whichever happens first. Those giving the test must also be trained in its application.
This includes knowing why the test is being given; having a grasp of how alcohol is processed in the body; having a basic understanding of analyzing BAC; knowing about the required 15-minute wait period for testing; and being trained in how tests can be given.
They will need practical experience and pass a written examination with a score of at least 80%. There is a four-hour minimum level of instruction given by someone certified in breath instrument operation.
There are many ways to fight DUI charges and reach a positive outcome
The criteria to give the test might sound confusing to a person who has been accused of DUI, but it is still important to their defense. If an officer who gave the test did not meet the proper standards, then the breath test that was used to justify the arrest could be questioned.
In these cases, it is imperative to look at every potential avenue to fight the charges from whether there was probable cause, the driver was not under the influence or there were problems with the breathalyzer.