After an officer pulls a driver over for suspected drunk driving, they will either ask them to submit to a field sobriety test or chemical test or both. Chemical tests include measuring the blood alcohol content (BAC) level in the suspect's breath, blood or urine. It is illegal in the state of California to be driving with a BAC at .08 percent or higher or at .01 or higher if they are under the age of 21, due to the state's "zero tolerance policy." Chemical tests, especially breath tests, are typically the most common way to provide a good reading of the driver's BAC level.
Despite the level of accuracy that breath tests may have, they can also have a great deal of interference which produces altered results. The breathalyzer machine itself can malfunction and give improper readings or the law officer may administer the test incorrectly. There are even certain health conditions and disorders that can allow for false accusations.
Those that suffer from gastroesophageal reflux disease (GERD) or other issues such as heartburn or acid reflux can reveal a higher amount of alcohol in their system than what is actually present. With these disorders, there is a more constant flow of acid that comes up from the stomach to the mouth. This can allow for any alcohol in the system to come up to the mouth when breathing into the breathalyzer device, giving a much higher reading.
Additionally if the driver had just previously burped or vomited prior to being pulled over, they will have a much higher amount of alcohol on their breath. Dental work can even trap food that may be saturated with alcohol, which will create greater mouth alcohol content. Even certain diets like the Atkins can mess with the amount of alcohol that is revealed in a breathalyzer test. It causes significant amounts of acetone in the individual's system in the same way that a diabetic person's levels would be. Acetone contains the methyl group which is detected by the breathalyzer as a substance containing alcohol.
There are a number of aspects to look at when defending a DUI case our Temecula criminal defense lawyer is more than prepared to investigate your situation. Attorney Nic Cocis has a successful track record preparing solid defenses for past clients with his aggressive tactics and commitment to producing a positive result. Having over a decade of legal experience, you can rely on his devotion and trust that he will not take no for an answer. Let us review your case for free so that you can begin the legal process towards freedom from the stress and anxiety that are associated with DUI charges.