Fremont Breath Test Lawyer

Fremont Breath Test Attorney

Hayward - Fremont - Pleasanton

When the Fremont Breath Test lawyers at Bonjour, Thorman, Baray & Billingsley defend people charged with drunk driving the first thing we investigate is the evidence against you, such as the accuracy of the breath test.

There are two types of breath tests that can be administered. The preliminary alcohol screening test can be administered at the side of the road prior to arrest. After you have been arrested, you might take a breath test at the police station or jail.

The preliminary alcohol screening (PAS) is a handheld breath test device the police or highway patrol use while on the side of the road. The handheld device is not as accurate as the more formal breath test done after your arrest.

The Draeger alco-test machine or the Intoxylizer 5000 are two common breath machines used at police stations or jails after you have been arrested. These machines are larger and more accurate than the preliminary alcohol screening devices. If working properly, these breath tests are supposed to be accurate within .02%. However, it's important to remember that it's just a machine. It is only as reliable as the people who use it and maintain it.

In other words, if it's used incorrectly or if it hasn't been maintained properly, the resulting blood alcohol level it records may be inaccurate. Any time a breath test has been done, it's important for the Fremont Breath Test attorney to follow up by getting the records on calibration and maintenance.

Each of the DUI lawyers at Bonjour, Thorman, Baray & Billingsley has received training on how the breathalyzer machines function and on the maintenance requirements and testing operations. We regularly work with experts in blood tests and breathalyzer maintenance and calibration who will testify in your defense. We look to see:

• If the machine has been properly maintained
• If it has been calibrated periodically
• If the officer conducted the test according to the specific guidelines of the machine

If your breath test was not administered properly, we may be able to get the charges dismissed.

Other Reasons a Test May Be Invalid

There are several other factors that can cause a breath test result to be inaccurate, such as substances in your mouth or acid reflux. Let your lawyer know if you have a history of heartburn, acid reflux disease, or GERD.

Learn More:

• California DUI FAQ
• DUI Cases

Free Initial Consultation: Contact Fremont Breath Test attorney at Bonjour, Thorman, Baray & Billingsley.

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