DWI Probable Cause »

July 1, 2009

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However, the officer must have probable cause that the driver was driving while intoxicated before he can arrest a driver for drunk driving. The standard of a probable cause is higher than reasonable suspicion. Thus, if the driver is swerving a little bit then it doesn’t give an officer the right to arrest that driver for drunk driving.

Indeed, what the officer should do is that he must pull over the driver and assess the situation and after getting the driver perform field sobriety tests or observing him or her for a few minutes, and after knowing with reasonable certainty that the driver is intoxicated then only he may arrest him or her for drunk driving.

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DUI Defense Strategies: Breath Alcohol Testing Errors »

June 29, 2009

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Many factors render BAC testing which are even more tending to inaccurate results than the field tests.

Errors Inherent In Blood and Breath Tests for Intoxication

If we assume that the test machines are in standard calibration and that the administration of tests were flawless which is a rare scenario, still it is acknowledged by the experts that DUI breath tests possess an error rate of plus or minus .02%, and there is an error rate of plus or minus .005% in blood tests.

By adding up factors below, about test results further questions can be raised. If you give a second test, which is within your rights, the readings must be within .02% of each other in accordance with the California law that governs Breath Testing.

Heartburn Can Give a Falsely High Reading

The breath test is designed for the purpose of testing the amount of alcohol present in the air in your lungs. In case if you are suffering from heartburn, GERD (gastroesophageal reflux disease) or acid reflux, alcohol from the stomach can move back from the stomach to the throat or mouth. When you blow into the breath test machine, the mouth alcohol plus the air in your lungs is measured in these instances.

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