Results tagged “breathalyzer test” from DUI Lawyers & Attorneys News

A recent California Supreme Court ruling from a case in San Bernardino County allows for DUI defense attorneys to challenge the results of a breathalyzer test.

What had been banned by the courts since the early 1990s, DUI defense attorneys in California can now raise a "partition ratio" defense in cases where the defendant failed a breath test.

The current state standard for breathalyzer machines is a 2,100 to 1 partition ratio, which means the amount of alcohol in 2,100 milliliters of breath is considered equal to the amount of alcohol in 1 milliliter of blood.  

In a sense, the ruling acknowledges that ratios can differ widely, depending on the defendant.  Defense attorneys can now argue that a defendant's weight, stomach content at the time of arrest, and overall health can affect the accuracy of a breath test.

Naturally, the new ruling is met with opposition from prosecutors and support from defense attorneys.

"The truth is a breath machine reading is an estimation, not an exact measurement," said Darryl W. Genis, a DUI defense lawyer in Santa Barbara. "If the machine was that right, you would just blow into it and it would turn out a fine and probation at the same time as the blood-alcohol reading. They are not that reliable."

Mark A. Vos, a prosecutor in San Bernardino County, feels the partition ratio defense is "logically irrelevant," asking how defendants could possibly know or re-create all of the conditions at the time of arrest, which is needed to prove the breath test was wrong.

For more information about the recent ruling in California, click here to find a DUI attorney near you.   

Louisiana state Rep. Tim Burns (R-Mandeville) has proposed a new measure that would increase the penalties for those who refuse to submit to a breathalyzer test during a DWI stop.

Under the current DWI laws, refusing a breath test can result in a 180 day license suspension, while a second refusal can result in an 18-month suspension. A third refusal can result in criminal penalties.

The new law would enforce stricter penalties, with a first refusal punishable by a one-year driver's license suspension.

"In many cases, a lot of attorneys often advise their clients not to (take the breathalyzer test), and in a way, it evades the purpose and the meaning of the law," said Burns.

Louisiana lawmakers passed the bill, and have since passed it onto Governor Bobby Jindal, who is expected to sign the bill into law.

While the measure hasn't seen much resistance, there are some mixed reactions to it on the streets.  Some people think drivers who're suspected of DWI should be required to submit to a breathalyzer test, whereas others believe making breathalyzer tests mandatory is an infringement on civil rights.

Regardless of any public dissent, Burns stands by his legislation.

"You don't have a right to drive, you have a privilege that's given to you, and you have to abide by the terms of the law," said Burns.  "If you've had stuff to drink, it's real easy, if you've had something to drink, don't drive. Get somebody to drive you, or stay where you are, or plan ahead."

For more information about breath test refusal laws, click here to find a DWI attorney near you.