Posted On: March 1, 2010 by Shouse Law Group

Why You Should Always Challenge DUI Breath Test Results

Late last week, reporters learned that 8 out of the 10 DUI breath testing instruments that were being used in Washington D.C. were not in proper working order. And it’s not as though we’re talking about these machines being broken for a day or two, but dating back to October 2008. As a result, hundreds if not thousands of DUI cases will have to be reevaluated, and many if not all of the DUI suspects who were tested on these faulty instruments will have their DUI cases dismissed.

This is why we say that it is always worth fighting a DUI…especially if you submitted to a breath test. California DUI breath test results are often inaccurate…and, apparently, this problem isn’t limited to California.

Just because you “blow” a 0.08% or greater on a DUI breath test doesn’t mean you’re guilty of DUI. California DUI breath testing instruments are often inaccurate due to a wide variety of factors…poor maintenance, improper calibration, one’s own physiological factors, and even a shoddy police pre-observation period can produce a falsely high blood alcohol concentration (BAC).

Make no mistake about it, these instruments are not foolproof! And this recent report only helps to prove that fact.