Beverly Hills Breath Tests
At some point, drivers arrested in Beverly Hills for DUI will be asked to submit to chemical testing, which can involve providing a breath sample using a Breathalyzer or portable PAS device or submitting a blood sample for chemical testing. The PAS device is typically only used in the field and can provide law enforcement officers in Beverly Hills an estimate of blood alcohol levels. The Breathalyzer is a stationary machine used on those arrested for DUI that is more accurate than the PAS device. Because the blood test can be invasive, many people arrested for DUI elect to provide a breath sample.
The breath sample can only provide a snapshot of a person’s blood alcohol content immediately at the time of testing. The breath test cannot provide other relevant information, such as whether or not the driver is under the influence of drugs or whether or not the driver is male or female. It has been shown that alcohol affects men and women differently as each metabolize alcohol differently.
There are state-mandated standards that all breath testing in Beverly Hills must adhere to in order to be considered a valid form of testing. This includes the following standards:
- The device used for breath testing must be approved for use in California.
- Regularly scheduled maintenance and calibration must be conducted on all breath testing devices, with records of the maintenance and calibration kept by the agency and available for inspection.
- A law enforcement officer conducting tests on a breath test device must have been properly trained in its use and function.
- Anyone providing a sample on a breath test device must be closely observed for a period of 15 minutes, during which that person cannot drink, eat, smoke, throw up, or do anything else that would interfere with test results.
- The law enforcement officer must take two readings, and the values of the results cannot vary by more than 0.02 percent.
The Beverly Hills breath test may be skewed by a number of external factors, which could lead to deceptively inaccurate results. The breath test works, in theory, by testing the air from inside the deep lung area. This is why officers in Beverly Hills instruct suspects to blow forcefully into a device. However, many test subjects are unable to blow in this matter due to physical restrictions, like asthma or emphysema. There may also be situations in which the suspect is unconscious and thus physically incapable or providing a breath sample.
In addition, many test subjects may suffer from medical conditions that could affect the results of the Beverly Hills breath test. A common condition that would have such an effect is gastrointestinal reflux disease (“GERD”), a condition in which a person’s stomach contents are often regurgitated up into their mouth and esophagus. For GERD sufferers, alcohol in the stomach could be present in the mouth and esophagus area when taking the breath test. This leads to wildly inaccurate results, as the presence of mouth alcohol can skew the test completely. Other medical conditions, such as diabetes or hypoglycemia can cause high ketone levels in test subjects which also may show up as false positives for alcohol. This also may happen with people who are on low-carb diets.
It is crucial to keep in mind that a breath test result can only tell a person’s BAC at the time of testing, which can be very different from what it was at the time of driving. When a person consumes alcohol, their blood alcohol content will rise and then fall as the body absorbs and eliminates the alcohol. As a result, someone who drinks immediately before driving may be under the legal limit (0.08 percent) at the time of driving but test higher than that an hour later at the police station. In these cases, an effective Beverly Hills DUI Attorney can show how a rising blood alcohol level has led to an inaccurate reading.
If you have been charged with DUI in Beverly Hills, it is very important that you meet with a knowledgeable and experienced Beverly Hills DUI Lawyer right away. Beverly Hills DUI Lawyer Michael Kraut is a former Deputy District Attorney with over 14 years of prosecutorial experience who is highly skilled at defending those charged with DUI offenses. Mr. Kraut knows how to fight the results of chemical testing and works hard to ensure his clients receive the best outcome possible.
For more information about Beverly Hills breath testing, and to schedule your free consultation, contact Beverly Hills DUI Attorney Michael Kraut at the Kraut Law Group located at 8484 Wilshire Boulevard, Suite 660B, Beverly Hills, CA 90211-3220. Mr. Kraut can be reached 24/7 at 888-334-6344 or 310-550-6935.
Thank you Mike for helping my son.