Faulty Breathalyzer Testing can Affect DUI Charges

Posted By Joey Gilbert Law || 12-May-2012

San Jose authorities recently announced they will be reviewing 865 DUI cases because the breathalyzers used by police were faulty, reports the San Jose Mercury News.

What a shock. Reno criminal defense lawyers see these kinds of problems with DUI arrests all the time. An experienced DUI defense lawyer in Reno or elsewhere in Nevada or California will review your case and may challenge the probable cause for the stop, the probable cause for requesting that you submit to field-sobriety or breathalyzer testing, the administration of such testing or the experience or training of the officer, and any number of other factors involved with your stop or arrest.

Often, DUI arrests are made by overzealous police officers and some law enforcement officers who aren’t properly trained in how to use breathalyzers or how to properly conduct field sobriety tests. That’s why Reno drunk driving arrests should always be challenged. Field sobriety tests are nothing more than the opinion of an officer regarding your guilt. And breathalzyer results are subject to all sorts of factors that can increase the chances of a false positive of faulty results.

And based on the belief that everyone deserves immediate access to an experienced DUI attorney in Reno, Lake Tahoe or elsewhere in Nevada or Northern California, we are offering first-time DUI defense starting at just $999.

In Santa Clara County, authorities are going to be reviewing the nearly 1,000 DUI cases because of a manufacturing error in the Alco-Sensor V breathalyzer. According to the story, the error allowed moisture to build up in the tube of the device. In California, it’s apparently not uncommon. Palo Alto police have used the devices and authorities in Ventura County are also reviewing hundreds of the cases.

The scary thing about this story is that there may have been hundreds of innocent drivers who entered guilty pleas and have served time in jail, on community service and paid thousands in fines and fees when they weren’t guilty. An aggressive Reno DUI defense attorney will look into every aspect of your case so you are doing what’s in your best interests.

Even a first-time DUI case in Nevada has steep penalties that can include jail time, community service, driver’s license suspension, fees and fines and other measures that not only are embarrassing, but also costly.

If you are arrested for DUI, law enforcement may not have even had a reason to pull you over in the first place. These are some common reasons that police pull someone over for suspicion of DUI or request that they perform sobriety testing. In each case, such probable cause should be challenged in court:

  • The suspect wasn’t driving in a normal, sober manner
  • The suspect smelled like alcohol, had bloodshot, watery eyes or talked and walked like someone who was drunk
  • The suspect couldn’t perform field sobriety tests properly
  • The suspect’s DUI breath test showed a blood-alcohol level above .08

As revealed in the story out of San Jose, breath tests can be faulty. Field sobriety tests can often be difficult to perform for even a sober person, depending on road conditions, weather conditions and the pressure and nervousness of the situation. While they may have an opinion about a driver acting like they were drunk, they may be wrong.

The point is, don’t lay down for the state. Hire an aggressive, experienced Lake Tahoe DUI defense attorney who knows how to best defend you from an arrest in Nevada or California. Protect your rights.

If you or loved one has been arrested for driving under the influence, contact our DUI defense team at Joey Gilbert Law​ for a free confidential consultation. We can help! Live receptionist 24/ 7. Call (775) 574-4774. Se Habla Espanol.

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