Unreliable DUI Breath Tests Make Their Way To The Appellate Court in California

tn_106martini2.gifDUI/DWI attorneys know that breath tests are unreliable but have not always been able to keep them out of the court room. But that may all change.

According to the San Francisco Chronicle article, “Courts open a door for DUI challenges,”, the First District Court of Appeal in Sacramento, California upheld a ruling that a driver’s license could not be suspended by the Department of Motor Vehicles when the driver showed that the test was unreliable. The DMV’s appeal to the State Supreme Court was denied and the appellate ruling will stand.

In San Mateo County, California, the driver was able to prove that the test was off by .002 percent, which means that when he blew a .08, he could have been under the legal limit. As we better come to understand the science in Driving Under the Influence cases, it is clear that less and less is certain.


The Johnson Criminal Law Group aggressively defends clients accused fo Driving Under the Influence/ DUI in Orange County, Los Angeles, Riverside, San Bernardino and San Diego. We offer reasonable rates to make sure that each client has an attorney who will fight the case with experience, knowledge, and a critical eye toward DUI junk science. Contact us for assistance.

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