Are Chemical DUI Tests Completely Accurate?Ted Burgess
The accuracy of breathalyzer tests have been called into question across the country in recent years in many DUI cases. Although it is still the most common form of testing to see if someone is driving under the influence, many experts are beginning to agree they are not as effective as actual blood tests in determining someone’s blood alcohol concentration and if they are indeed driving over the legal limit. A Los Angeles DUI attorney will look to see how intoxication was determined when defending a DUI case, including if the breathalyzer test was administered as it should have been and also call into question just how accurate these tests actually are, whether administered correctly or not.
Scientists agree that if a breathalyzer test is the only evidence that a person was intoxicated, then it may not be valid enough evidence. The results of these tests can be off due to individual physiological reasons and there have been cases where the result of a breathalyzer test has been off by up to 15% from the results a blood test gives. If there is a discrepancy between two different tests, where one shows a driver being under the legal limit and one shows him or her being over, then that can bring up a host of questions in court and a DUI attorney in Los Angeles can possibly use these facts to get a case dropped or charges reduced.
The accuracy of actual blood tests can often be brought into question as well. A Blood Alcohol Concentration (BAC) of .08% or more can result in a DUI charge. However, this is only able to measure the concentration of alcohol in the blood and not how much of it has gone to the brain at the time of driving. Many DUI attorneys in Los Angeles can argue that it is the effect alcohol has on the brain—not the blood—that can impair someone’s driving. There are also arguments that can be made the BAC levels in women may be more than what is found in men, but that does not mean a woman is any less capable of driving a vehicle. There are many factors to look at when trying to prove if someone was intoxicated or not when they got behind the wheel of a car and drove. If you are facing a DUI charge you feel is unjust, contact a DUI lawyer in Los Angeles today.