Challenging the Results of DUI Breath Tests
If you have been charged with drunk driving, chances are that, at some point, you were given a blood or breath test. If you tested above the legal blood alcohol concentration (BAC) limit of .08 percent, you could be facing serious criminal and driver's license consequences.
The good news is that breath test results can be challenged, and San Mateo breathalyzer lawyer Charles B. Smith — a former police officer and former prosecutor with more than 25 years of California legal experience — may be able to help you avoid a drunk driving conviction.
Carefully Investigating the Facts of Your Case
Our firm does not take breath test results at face value. There are many known defects with even the best breath test machines. If you have been charged with DUI based on the results of a breath test, we will carefully investigate your case by taking steps such as the following:
- Review the maintenance and calibration records for the breath test machine
- Establish whether the breath test results correlate with your drinking pattern
- Identify medical issues and other factors that may have thrown off the test results
Field breath test machines — also known as passive alcohol scan (PAS) devices — are a particularly unreliable type of breath test. Many California prosecutors try to use the results of these breath tests to establish probable cause and even as evidence of drunk driving.
Whether the prosecutors are attempting to use a standard breath test, a field breath test or both against you, we will work diligently to find ways to get the results thrown out.
Call a San Francisco Breath Test Defense Attorney at 650-425-7703
If you have been charged with DUI after taking a breath test, it is important to talk to a lawyer as soon as possible. To schedule a free consultation, call us at 650-425-7703 or e-mail us. We accept credit cards, are available outside of regular business hours, and regularly visit our clients who are in jail.