Can you control the breath test? In other words, can you fool a breathalyzer into showing a lower BAC reading? The answer is No.
There are a lot of people who believe certain myths regarding a breathalyzer and BAC. For example, sucking on pennies does not lower a BAC reading. Breath mints? No. They only mask the odor of alcohol, they do not change the alcohol content being measured. Indeed, you don’t have to drink alcohol to get arrested for a DUI, because the human body produces its own supply of alcohol naturally on a continuous basis. Therefore, we always have alcohol in our bodies and in some cases, some people produce enough to become legally intoxicated.
Are breathalyzers are always accurate? No, and many errors are made in tests because they lack precision. The police or sheriff department official administering the test can also affect the results of a test.
So what can you do? A qualified San Francisco DUI attorney can examine the test procedures, as well as the accuracy of the results. The attorney can determine if there were errors, or if there are other factors effecting the final read out. Don't assume the BAC taken at the police station is accurate. You may not be able to control the results of the breathalyzer, but your attorney can control how those results are used. In some cases, the results can be voided.
Intoxilyzer 8000 May Be Ruled Unreliable
Tucson, AZ. Nov. 9 – A dozen years ago, 3,000 drunken-driving prosecutions in Tucson were dismissed in one day – about 5,000 cases within a few months – because the breath-test device that said the drivers were drunk was deemed unreliable.
Those numbers could easily be surpassed if one of the current alcohol detectors in Arizona, the Intoxilyzer 8000, is found to be unreliable, a leading driving under the influence defense attorney said.
"This is going to be huge," said Tucson lawyer James Nesci, because the current machine is widely used statewide as opposed to the older device, which was used in Tucson and at a smaller agency…
Despite court orders across the country, CMI has declined to divulge the code, which defense attorneys say will show that the device is error-prone. The company has racked up more than $1 million in fines by refusing to comply with a similar Florida court order, records show.
CMI President Toby Hall didn’t return phone calls for comment. When Bernini first ordered CMI to release the code, Nesci said a process server couldn’t get Hall to accept the court order.
Last month, Bernini told prosecutors to get the source code from CMI.
Deputy County Attorney Robin Schwartz told Bernini that she didn’t think the state could force CMI to reveal the code.
Bernini also set a Nov. 24 hearing for Hall to appear and explain why she shouldn’t hold him and CMI in contempt for refusing to comply with her orders…
Recent events echo those in the mid-1990s when defense attorneys challenged the integrity of the RBT IV breath test machine, manufactured by Intoximeters Inc., based in St. Louis. Prosecutors eventually agreed that the device was faulty, which led to 3,000 cases being dismissed at once in 1997 and the total number thrown out about 5,000, Nesci said.
You have just been arrested by the San Francisco police department for DUI. After you have been arrested, you will be asked to submit to a test to determine the alcohol content of your blood. You can choose to take a breath test using a breathalyzer, or a blood test, or both.
In California, if you refuse to take the test, there are severe consequences to your privilege to drive a motor vehicle. If you were 21 years of older at the time of arrest and you refused or failed to complete a blood or breath test, a first offense will result in a 1-year suspension. A second offense within 10 years will result in a 2-year revocation. A third or subsequent offense within 10 years will result in a 3-year revocation.
If you were under 21 years of age at the time of being detained or arrested and you refused or failed to complete a blood or breath test:, a first offense will result in a 1-year suspension. A second offense within 10 years will result in a 2-year revocation. A third or subsequent offense within 10 years will result in a 3-year revocation.
If having a drivers’ license is not of major importance to you, then not having a test result makes it more difficult for the San Francisco District Attorney’s office to prosecute your case, and prove that you were under the influence of alcohol while driving. A qualified San Francisco DUI attorney can explain both the pros and cons of taking a breath or blood test.
4 points in 12 months, or
6 points in 24 months, or
8 points in 36 monthsA qualified San Francisco DUI attorney can explain the point system to you, and determine how best to proceed with your DUI keeping in mind your license record.
When you are arrested for a DUI in San Francisco, the officer will take your driver's license away from you and give you a temporary license. When you are offered a blood or breath test, you submit to the test, and your BAC is 0.08 or more, your license will be suspended for four months. If you have a previous DUI in the last ten years, your license will be suspended for one year.
If you are under 21 years of age, and a preliminary alcohol screening test or other test shows a BAC of 0.01 or more, your driving privileges will be suspended for one year.
Refusing to take a chemical test of any kind when asked will result in a suspension of your driving privileges for one year.
A qualified San Francisco DUI attorney can explain the various driving suspension times, as well as avenues to prevent the suspension through a hearing with the Department of Motor Vehicles. You must request a DMV hearing within ten days of your arrest.
The Harris County Sheriff's Department had to know that conducting surveillance on Plaintiffs in a civil rights violation suit was wrong.
The Ibarra brothers, a local business owner and a Judge sued Harris County.
Business Owner Loyd Henderson was a plaintiff; his security camera showed Henderson being shoved to the floor and cuffed without warning by a Harris County Sheriff's Deputy.
Henderson had called the Sheriff's Departmetn for help after a robbery.
Municipal Judge April Walker was also a Plaintiff in that suit; Judge Walker was arrested after calling the Sheriff's Office for help.
The Deputy that was called to help calm a neighborhood dispute threw Judge Walker to the ground and handcuffed her.
Judge Walker was charged with impersonating a public officer and assault on a police officer.
The Ibarro Brothers, as mentioned in an earlier blog, were arrested while videotaping the arrest of a neighbor.
Hire a qualified San Francisco DUI lawyer. Hiring a good DUI attorney to help you through the process gives you a much better chance of having the charges eliminated or reduced. You may think that representing yourself will be easy and much cheaper, but you are fighting against the San Francisco District Attorney's Office and an officer who is trained to obtain a conviction. The end result? You lose.
Handling your own case is not wise. There could be mistakes that the officer made, errors in the BAC result procedures or the machine itself. These mistakes will never be discovered, and you will pay a lot of fines and other financial consequences as a result. A qualified San Francisco DUI attorney can reduce the consequences significantly. Nothing is "cut and dried."
Another mistake is waiting until your court date or afterward to hire a DUI attorney. If you speak to an attorney immediately after your arrest will allow you to relate facts to your attorney that are fresh in your mind, and help your lawyer to assist you in your case. Another mistake is waiting too long, and missing the ten day time limit to challenge your license suspension with the DMV.
Don't take advice from friends or associates who had previous DUI convictions. Each case is different. A qualified DUI attorney knows the laws, and the potential defenses you have. Your friends don't.
Missing court appearances is another mistake people make after a DUI arrest. A judge can order an arrest warrant for you if you fail to appear, unless you have an attorney appear on your behalf.
You also can enhance your DUI woes by continuing to drive while your license is suspended or revoked. It is a separate criminal charge with its own penalties, including jail time. In addition, your license suspension will be increased. I know of one person with eight separate convictions for driving while suspended who is now spending several months in jail.
You have been released from jail after being arrested for a DUI. You now want to hire a qualified San Francisco DUI attorney. Your main objective is to find an attorney to protect your rights, evaluate your case, and either get rid of the DUI charge or make sure any punishment that might result from a conviction is as light as possible.
To be sure you have the right DUI attorney in your corner be sure to ask the attorney a few questions:
· Does your DUI attorney handle a lot of DUI cases? The reason for this is that a lawyer who rarely handles DUIs will not be aware of and informed about DUI laws. You want your attorney to be up on the laws so he or she can protect you. Is the attorney familiar with individuals in the District Attorney’s Office or the San Francisco Police Department?
· Ask the potential DUI attorney if he or she personally will be handling your case or will another attorney in the firm with less experience handle your case.
· Ask the lawyer when and if he or she has DUI cases that resulted in favorable outcomes. This will help you to find out if your attorney could represent you effectively in a DUI trial, should that be necessary, or get you a good plea offer, in the alternative.
· Ask the DUI attorney specifics about what services he employs for expert toxicologists, DMV license specialists and other expert witnesses.
· Will your attorney visit the site where you were arrested? Will your attorney look at and examine the facts in your case?
· What does the attorney charge, and will there be other fees down the road, such as expert fees. The lower the fees, the higher the chances your attorney is not a highly qualified attorney.
· Find out if the attorney will be available to speak with you after you have paid a retainer fee. Can you contact the attorney by telephone, e-mail, or in person?
The sooner you call a DUI attorney, the quicker the attorney can start working on your behalf. Contacting an attorney immediately can potentially protect your driving privileges. Don’t delay.