California Supreme Court Allows Greater Flexibility to Challenge Breath Test Results
In People v McNeal, the California Supreme Court yesterday made it easier for those accused of DUI in the state to challenge the accuracy of breath test results. We applaud the decision.
Prior to the ruling, DUI defendants were precluded at trial from introducing evidence of individual variation in the conversion of breath test results to a blood alcohol reading. The Court's decision in McNeal reverses this policy, allowing such evidence in "generic DUI charges" but not in "per se DUI charges" under Vehicle Code 23152b.
While the McNeal decision marks only a partial victory for DUI defense, it's a significant one nonetheless. The ruling provides DUI defense attorneys much more ammunition at jury trials to challenge the accuracy of breath test evidence. In time, it should lead to significantly more "not guilty" verdicts and reduce the number of wrongful convictions in DUI cases.
