DUI Arrest in Lancaster? Call Matt: 661-327-7833

If you have been arrested for a DUI in Lancaster California call Matt Direct at 310-686-1533 for a discreet consultation about your options and an attorney viewpoint about your case.  Surprisingly, California laws allow for those accused of drunk driving to challenge the breath or blood results by showing the testing was not accomplished in a manner approved by regulatory requirements.  For example, if it can be shown that the officer failed to follow any of the written protocol set forth in Title 17 of the California Code of Regulations then a jury instruction is warranted advising the jurors that they may disregard the test result.  In one recent case Matt convinced the jury his client was innocent by proving the arresting officer failed to proper observe his client continuously for 15 minutes prior to administration of the breathalyzer.  If you are looking for a Lancaster DUI Lawyer call Matt today.

Did you know that mouth alcohol (from a burp or belch) can contaminate breath samples and lead to inaccurate readings?  It’s true, the DataMaster DMT breath testing machine used in most of Los Angeles County may not always flag mouth alcohol as an invalid sample.  Recent research shows that the DataMaster DMT produced invalid samples only 52% of the time when mouth contamination was present. The problem is the algorithm to detect contamination for mouth alcohol on the DMT (and likely other breath alcohol instruments) only catches it about 50% of the time.  What this means is half of the people who take a breath test can be falsely accused of DUI!

Lancaster DUI Lawyer Matthew Ruff has fought and won breath tests for clients over the last 25 years.  When done correctly breath testing can be a moderately accurate method to measure BAC in drunk driving cases.  The major problem is there is a wide variation of error rates based on a number of reasons.  The principal cause of error in breath testing is administration error meaning the officer fails to perform the necessary steps to ensure a reliable sample is collected.  For example, California law requires the officer to continuously observe the subject for a minimum of 15 minutes prior to sample collection in order to rule out potential mouth alcohol contamination from a belch, burp or hiccup.  This vital step is very often omitted and it can cause unreliable test results.

Interestingly, people with certain esophageal diseases such as GERD and chronic heart may not be good candidates for breath testing according to experts in the scientific community.  The issue relates to the backward flow of stomach contents up into the throat which can be confused as coming from the deep recesses of the lungs where the sample is intended to be taken.  In one case Matt obtained a not guilty at trial by showing his client fell into that category and his .15 BAC on the breath machine was faulty.  Call Top Lancaster DUI Attorney Matt Ruff if you believe your breath results were not a proper reflection of your true blood alcohol level.

What if the officer finds me parked in my car on the side of the road?  California law allows the District Attorney to prove “driving” using circumstantial evidence, therefore if the police can prove you drove to that location recently by using your statements and other evidence such as a warm hood then a prosecutor can move forward on a charge of driving under the influence even though driving was never observed.  If the DA can prove the chemical  test was done within 3 hours of the time of driving they will get a “presumption“ that the test results were reflective of the person’s true BAC at the time of driving.

5 Ways a Breath Machine Will Produce an Inaccurate Reading:

1.  The subject has residual mouth alcohol contamination.  The machine will produce a false high reading if the subject recently burped, has alcohol trapped in dental fixtures or recently used mouthwash.

2.  The subject has a fever.  The machine will read high if the subject is ill and has a higher than normal body temperature.

3.  Radio Frequency Interference (RFI)

4.  Breath Contamination (Acetone, Ether, Cigarette Smoke)

5.  Breath Composition, the machine must capture a sample of deep lung air, if the sample is the top lung or too early in the breath exhalation the results are unreliable.

How can a Lancaster DUI Attorney help me in my case?

If you have been arrested in Lancaster CA and gave a breath test, call Matthew for a free case evaluation today.  First, we will  ensure all of the necessa records are obtained to challenge the test you gave.  The fact is that most machines used to test for BAC will have the ability to break down and produce faulty results unless proper maintenance is performed.  We will pour over the records and find any deficiencies in the testing process.  Second, we will comb through the officer’s police report to make sure the proper procedures were followed.  In Los Angeles County the breath machines are maintained by the LASD Crime Lab.  Our team can compel that agency to produce ALL of the maintenance records, usage logs and calibration logs of the device used in your case.  We scrutinize the documents and find any and all violations that can cause your case to be dismissed or reduced.