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DUI Breath Tests

San Diego DUI Attorney

If you are stopped for DUI, the police often administer a breath test. If you register at .08 BAC (Blood Alcohol Content), they presume you are DUI and arrest you. What is little known is that breath tests are only an indirect measure of BAC and are prone to error. With experienced defense, you may avoid conviction and retain your privilege to drive. It is important to defend your freedom and privilege to drive. You are urged to contact a San Diego DUI lawyer.

DUI Lawyer in San Diego

At JD Law - Criminal Defense Specialists, clients have the benefit of one of the few Board Certified Criminal Law Specialists in the state, Attorney James Dicks. He has served the San Diego area with relentless DUI defense for over 22 years. Recognized by fellow lawyers for his skill, he is often invited to lecture on his techniques. Many clients are impressed at the individualized and caring service they receive. They also appreciate the ardent defense against charges our attorney brings to every case.

Challenge of Breath Test Results

Breath tests measure the content of alcohol in the breath. Then the breath measure is multiplied by a factor to determine the blood alcohol content (BAC). As the BAC is not directly measured by a breath test, the breath test only approximates the BAC and is subject to substantial error. Factors that can make the breath test read too high are:

  • Physical condition of the defendant including diabetes and hypoglycemia.
  • Colds and fever
  • Belching or vomiting prior to testing
  • Mouthwash and dental adhesives
  • Food eaten before testing, particularly bread
  • Temperature - cold air increases the reading
  • Failure to calibrate the breathalyzer
  • Interference from police walkie-talkies or radio.

Contact a DUI Attorney in San Diego Now

You owe it to yourself to have the best possible defense you can have. We urge you to contact the firm for a free initial consultation. Do not wait. You have only 10 days from the date of arrest to appeal your license suspension at a DMV hearing.

Contact a San Diego DUI attorney at the firm to for vigorous challenge of DUI breath test results.

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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

Toll Free: (888) 321-9558
Office Address: Champions of the West Tower, 11622 El Camino Real, Suite 100, San Diego, CA 92130