Newport Beach DUI Attorney

If you ever wondered whether breath tests are infallible, the answer is simple: they’re not. A wide array of factors can alter a breath test’s results, from medical conditions, to the weather, to basic physiology. If you took a breath test and the resulting reading was .08 or higher, you might think you have no chance of defending yourself. However, if you have a Newport Beach DUI attorney who knows what he’s doing, there’s a very good chance that he could pick apart the supposed evidence against you and help you save your license.

It may sound surprising, but breath testing equipment doesn’t have a particularly high degree of precision. A machine that is properly maintained and calibrated can have an “acceptable” variance level of up to .02%. While it might sound like a small margin of error, consider the fact that the legal limit is .08%. If your levels are at .06, a .02% variance could have you facing charges of having a Blood Alcohol Content (BAC) over the legal limit. Furthermore, while the machine does the analysis, there’s still plenty of room for human error to intervene. The officer testing you is required to observe you for a continuous 15 minute period before testing your BAC.

Deviating from this requirement even slightly can adversely affect the results. The officer is also supposed to ensure that you have not consumed alcohol in the last two hours. Taking a breath test directly after leaving the bar could lead to falsely elevated levels. Other factors, such as any medical conditions you might have, or outside interference, can significantly alter the readings. Be sure to discuss these with your Newport Beach DUI attorney, and mention any conditions you’re aware of that might have contributed to an erroneous reading.

The important thing is to stay calm, and refrain from panicking. If you have an expert attorney fighting on your behalf, and you stay informed of the facts of your situation, you stand a better chance of prevailing over this difficult situation.

Call (949) 497-1729 for a free consultation.