Can a Drunk Driving Attorney Challenge a BAC Test?

Apr 11, 2018



One of the misconceptions about driving under the influence (DUI) cases is that they are open and shut. However, it is possible to challenge various aspects of a prosecutor's case and successfully have the charges dropped or reduced. For instance, your drunk driving attorney can likely challenge the testing that was performed to determine if you were intoxicated. Here are a couple of ways that an attorney could challenge the testing and its results. 


The Breathalyzer Was Not Properly Calibrated 


Breathalyzer results are generally seen as an accurate measure of a person's impairment. However, how well the breath testing equipment has been maintained can have an impact on whether the results are accurate. The equipment has to be regularly calibrated and tested before it is used to measure impairment.  


If an officer is unable to provide records or evidence supporting his or her claim that the equipment was calibrated before the test was administered to you, your attorney could challenge the results.  Depending upon the extent of the calibration errors or lack of calibration, the result may be inadmissible based upon a lack of foundation. (People v. Adams, [1976] 59 Cal.App.3d [559,] 567) If the results are considered inadmissible by the court, there is a possibility that the charges against you could be dropped or reduced. 


Your Health Condition Affected the Results 


Some health conditions can also cause a false reading by breath test equipment. For instance, gastroesophageal reflux disease can cause stomach acid to flow back into your esophagus. When this occurs, alcohol that was previously ingested can cause your breath alcohol concentration level to appear higher than it is. Even if you have only had one or two drinks, the test results could point to a higher concentration level.  


If you have a medical condition that could have an impact on the breath testing results, such as GERD, your drunk driving attorney could present evidence of the condition. Your attorney would then argue that the results were affected by the condition. 

These are just a few of the methods a drunk driving attorney could use to help you fight the results from a blood alcohol concentration test. There are many, many more defenses available to contest your Fresno DUI Case. Contact us today to learn more about how you can challenge the testing and to discuss other ways of fighting the DUI charges you are facing.

Category: DUI Defense

Michael Mitchell

Michael Mitchell is a Fresno attorney who practices in the areas of DUI, personal injury & criminal law. Visit his Google+ profile.

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Michael E. Mitchell, at the Mitchell Law Group, Inc., is one of the top DUI defense attorneys in Fresno, California. He has over a decade of experience handling DUI cases throughout the Central Valley, including in Clovis, Madera, Tulare, Visalia. He is a certified field sobriety instructor and practitioner under the standards of the National Highway Traffic Safety Administration (NHTSA) and is a member of the California DUI Lawyers Association. His advice and knowledge is, routinely, sought after by other attorneys practicing in the area of DUI defense. He is an expert in the area of DUI defense in both Federal, State, and on the Appellate level. If you're looking for the best DUI Lawyer in Fresno to handle your case, give us a call today to see how we can put our knowledge to work for you.