Are breath test results always accurate?
A defendant in a drunk driving case may be allowed to challenge the scientific accuracy of Breathalyzer tests in general, whereas others may be allowed to challenge the particular circumstances of a test. Challenges to test results have been successful for a variety of reasons, such as improperly calibrated equipment or inadequately trained officers.
No, they are not. Some experts even question the validity of the scientific basis for the breath test. The test is open to a legion of errors ranging from miscalibration of the test machine, to operator error, to mis-instruction of how to properly perform the test, to improper administration of the entire testing procedure, which includes a 15-minute period of continuous observation of the test subject and others. A lawyer who is intimately familiar with the possible points of error will expose these and challenge them in defending the case. Sometimes, the test results can be declared inadmissible which can undermine the prosecution’s case. As an example of the inaccuracy of the breath test, someone who works with volatile chemicals on the job may absorb these into his body, which may show up as a falsely high breath test result. Another example is someone with acid reflux disorder who regurgitates some alcohol from his stomach prior to blowing into the machine. If alcohol moves from t
Some courts allow the defendant in a drunk driving case to challenge the scientific accuracy of Breathalyzer tests in general, whereas others may allow challenges based on the particular circumstances of a test, such as improperly calibrated equipment or inadequately trained officers. If the test results are inadmissible or can be challenged, the case will have to be proven based on other evidence, such as eyewitness testimony and field-sobriety test results.
California courts allow the defendant in a drunk driving case to challenge the scientific accuracy of Breathalyzer tests in general, and also allow challenges based on the particular circumstances of a test, such as improperly calibrated equipment or inadequately trained officers. If the test results are inadmissible or can be challenged, the case will have to be proven based on other evidence, such as eyewitness testimony and field-sobriety test results.
