Los Angeles Breath Tests

By far the most common form of chemical testing conducted in a Los Angeles DUI case is the breath test. The first test is the PAS test which is administered out in the field. During that test the officer has the DUI suspect breath through a hand held machine. Until recently, these results were not allowed into evidence in a DUI trial. Los Angeles DUI defense lawyer Michael Kraut has extensive experience in handling DUI cases that involve breath test evidence.

The second time a breath test may be administered is when the DUI suspect has been arrested and is at the police station. The breath machine is not very complicated. The results may be attacked by a well trained DUI attorney on many different fronts. Being able to expose these errors is important to the DUI suspect's case. Exposing these errors increases the chances that the case will be dismissed or reduced significantly.

The breathalyzer does not distinguish between male or female who are taking the test. Studies confirm that men and women process alcohol at drastically different rate. When attacking the reliability of the test these facts are important to keep in mind. In addition, the machine does not even distinguish between drinking alcohol (ethanol) and other chemicals. In other words, a breath machine could show a high blood alcohol content even if the person did drink a significant amount of alcohol. The person could have been exposed to other chemicals that are in the blood and those chemicals are expelled by the body through the breath.

Some of the other concerns about the breath test is if the test taker is a diabetic or the amount of food a person ate prior to or after consuming alcohol. Further, the breath test takes a sample at a particular time. It is not able to show if the BAC level is rising, indicating that he person might not have had a BAC of .08% at the time that the officer detained the person, or lowering and the BAC was higher at the time of the driving. All of these facts can be aggressively attacked by an experienced attorney specializing in DUI defense.

There are many different breath machines now being used by various police agencies around Southern California. Regardless of what breath machine is utilized, there is one fact that is common to all of them. They are open to false readings, improper care, improper administration or, most of all, calibrated incorrectly.

If you have been arrested or charged with a DUI offense in the Los Angeles or Southern California area, call Michael Kraut. Mr. Kraut understands the serious nature of this offense, how best to defend you, and how to resolve your case without you going to jail. Mr. Kraut has extensive knowledge of the law and the legal system. He has developed excellent relationships with law enforcement and law officials throughout the Los Angeles and Southern California.

For more information about the various defenses for your DUI case, and to schedule your free consultation, contact Michael Kraut at the Kraut Criminal & DUI Lawyers. Mr. Kraut can be reached 24/7 at 888-334-6344 or 323-464-6453.

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