DUI Blogger

The Ventura County Sheriff’s Department will remove 125 faulty DUI breath testing machines from their stations. This remedy follows a four-month period of testing where deputies were noticing inconsistent breath testing results. California DUI law dictates that individuals who opt to take a DUI breath test…as opposed to a DUI blood test…must submit two different samples to ensure that the testing instrument is taking an accurate measure of the amount of alcohol in the suspect’s system. Results that differ by more than 0.02% are considered unreliable.

Because of this discovery, the Ventura County District Attorney’s Office is going to have to review all DUI convictions where the defendants’ submitted to samples during the time in which the machines weren’t properly functioning. As a result, a large number of DUI charges may have to be dismissed, and a number of DUI convictions may have to be overturned.

If you were arrested for driving under the influence in Ventura County within the last six months, you may want to consult with an experienced Ventura DUI defense attorney who could help investigate your case. If you were unfairly convicted based on the results produced by faulty DUI breath testing machines, now is the time to challenge your case.

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.