Disputing The Results Of Blood Alcohol Tests With A San Diego DUI Defense Lawyer
Ask any DUI defense lawyer in San Diego and you will hear that all too often, the methods at which they base alcohol tests simply are not scientific. Considering that a breathalyzer is the biggest thing to determine guilt or innocence in a DUI case, it is critical that the information they reveal be 100% correct and dependable in the eyes of a jury. Not only must the science be reliable, but so should the standards of those who conduct it. Many of these lab technicians have a “convict at all costs” mentality, often falsifying results in an effort to sway the jury against the client of a San Diego DUI attorney.
Inaccurate Alcohol Testing
Evidence presented as scientifically accurate is most often taken by a jury to be irrefutable. In many cases, scientific evidence outweighs witness credibility, police statements, and other forms of evidence. Once a jury accepts something as a fact, it is hard for the defense to sway them otherwise. When scientific testing loses its accuracy, it loses its courtroom validation. Alcohol tests need to be 100% reliable because of the importance a jury will place on deciding the case. The very fate of suspect may come down to the accuracy of the lab testing.
Breath Testing
Breath testing machines utilize infrared spectroscopy- an infrared beam of known intensity that passes through a sample of the individual’s breath. Any possible alcohol is then absorbed at specific wave lengths. A detector analyzes the beam after the breath sample and compares its final intensity with the level it started out with. If done correctly, the decrease in intensity at “ethanol wavelengths” makes it possible to quantify BAC, though the results still have a small degree of uncertainty that might be contended by a San Diego DUI defense lawyer.
The result of any measurement is only an approximation of the quantity actually being measured. When the true value is needed, bias becomes problematic and can give a DUI lawyer something to work with in planning a defense. A result is only complete when the bias of an instrument has been determined and the results thereby corrected for that bias. If the prosecution fails to correct for bias, a the defense can more readily challenge the evidence as 100% reliable.
Forensic scientists must know the relevant information as they affect the computations before the trial and must disclose this to both the prosecution and the DUI attorney in San Diego prior to the trial.
A reference material that includes a substance whose properties are sufficiently well known is calibrated through the machine and tested for accuracy. These known traceable standards are called stimulator solutions. Simulators provide crucial safeguards for accurate breath test results. Challenging the accuracy of a simulator may be another strategy a San Diego DUI lawyer might use to insert doubt against the prosecution’s arguments.
A DUI defense lawyer in San Diego does his or her client a great service by seriously examining how samples were collected and how the test was performed. If contaminants, incorrect sample sizes, or inaccurate bias are not taken into account, the prosecution has serious holes it its evidence that can be exploited. By inserting doubt in the core evidence, your client can most likely avoid a guilty conviction.
Incoming search terms:
can high blood pressure affect a breathalyzer, dwi high blood pressure, can high blood pressure affect dui results, can high blood pressure affect blood alcohol content, high blood pressure breathalizer, does blood pressure medication affect dui breathalyzer, high blood pressure and dwi, high blood pressure affect breathalyzer, high blood pressure medication dui, High blood pressure & breathalyzer test, fbi falsifying blood test evidence, falsifying blood alcohol, how does blood pressure affect a breathalyzer test, how does high blood pressure affect the breathalyzer, how does high blood pressure effect effects blood results for dui, how long alcohol cail breath, what might affect a blood alcohol the test result, what drugs will falsify a breathalyzer, underage dui how to dispute, underage dui california inaccurate test, simulator test breathalyzer california, pressure needed breathalyzer, police falsify breathalyzer, is it legal for cop to pressure breathalyzer, how long to get dui results, how long does it take to get your blood alcohol test results from police, what might affect the results of bac blood test, dwi blood screening results how long, dui blood test loses bac, can high blood pressure affect the results of a DWI test results, Can blood pressure affect a DUI breathalyzer test/, california how to get alcohol blood test results, breathily, breathalyzer bias, blood pressure medications and alcohol and dwi, blood alcohol tests results, Blood Alcohol test result statement of uncertainty, blood alcohol test how long for results, Can high blood pressure medicine use alter blood alcohol test, can the use of medicine affect a breathalyzer, coroner falsifying can blood alcohol test, DUI blood pressure, does high blood pressure affect in a brathalizer, does high blood pressure affect blood alcohol, does high blood pressure affect BAC, does acclerated heart rate affect bac, disputing blood test results, defense for high blood alcohol test, could blood pressure medication increase blood alcohol levels, cost of disputing breathalyzer test
More About San Diego DUIs and DUI attorneys: