While breathalyzer tests are the most means used to measure a person’s Blood Alcohol Concentration (BAC) when they have been pulled over for allegedly driving under the influence, their accuracy has been called into question in recent years. Many San Diego DUI attorneys choose to use this fact as a defense, as well as how the test was administered, when presenting your case in court.
Even if the test was administered correctly, there are several factors that can lead to a false result on a BAC breathalyzer test. Because of this many experts do not feel a breathalyzer test should be used on its own to prove intoxication. The legal BAC is under .08%. Anything over that is considered beyond the legal limit. However, there is some indication that a person’s individual physiology can play a role in what their BAC is on a test and it does not necessarily reflect how intoxicated they actually are. Also, females tend to metabolize alcohol differently than males and there can be inaccuracy in results do to that as well. A DUI attorney in San Diego may present these theories to a judge or jury.
Actual blood tests may also not be entirely accurate in pinpointing sobriety and intoxication. Just because there is a certain concentration of alcohol in the blood, it does not mean that is affecting a person’s brain and therefore their mental capacity to operate a motor vehicle. There is really no way to tell for sure how much alcohol has gone to brain when someone is driving, so field sobriety tests should also be conducted and conducted correctly.
However, there is also some question as to whether all field sobriety tests are accurate intoxication measures. The two most accurate ones are said to be standing and turning and also following an officer’s pencil with your eyes. And, of course, if you are taking prescription drugs that may affect your driving, breathalyzer tests are useless because they can only measure alcohol concentration levels and not other impairing chemicals.
There are many ways a San Diego DUI lawyer can defend your case in court to either get the charges dropped entirely or to help make sure you do not receive a maximum sentence and can avoid jail time. If you are facing these serious charges, call a DUI lawyer in San Diego today and make an appointment to discuss how to proceed with your case.