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Challenging Breath Tests


Experience In Challenging Breath Tests

At the San Luis Obispo office of Earl E. Conaway, III, A Professional Law Corporation, we possess sophisticated knowledge of breath tests. In addition to attending educational seminars detailing the science of breath tests, we have extensive court experience challenging the validity of your evidentiary breath test.

Did you blow over .08% on your breath test? Police officers make mistakes. Breath tests aren't foolproof. Please call us at 805-546-8797 or contact us online to discuss your case.

Breathalyzer results are often used in court by the Government. However, Title 17 of the California Code of Regulations places strict rules on the administration, maintenance and calibration of breath test machines. Our DUI breath test attorney understands how to evaluate the machines to determine if proper procedures were followed. Our thorough examination of your breath test can help destroy the evidentiary value of your results and cast reasonable doubt on your case for the jury.

False Breath Test Readings

As a skilled DUI defense lawyer, we understand that many factors can cause Breathalyzers to give false readings. These factors include certain medical conditions such as diabetes and GERD. They also include foods eaten prior to taking the test. We will discuss the events of your stop, detention and arrest to determine if these factors exist and if proper Breathalyzer procedures were followed.

Improper Procedures

The first step we take in challenging breath tests is evaluating your test to determine whether improper procedures took place. Under California state code, specific steps must be followed. These complex regulations include:

  • Police officer certification: Was the officer authorized to administer the test?
  • Timing: Did the officer wait the required 15 minutes before administering the test?
  • Storage: Was the machine stored in the correct temperature?
  • Calibration: Was the machine properly adjusted to reflect accurate readings?
  • Maintenance: Has the Breathalyzer been checked for accuracy every 10 days?

With our extensive DUI defense representation experience, we know what evidence to request from the district attorney. We can review the evidence and request the proper information from the district attorney. We take a proactive stance with all of our cases. We are dedicated to helping you minimize your consequences and protect your rights.

Free Initial Consultation

We are available to discuss the particular circumstances of your arrest during a free initial consultation at 805-546-8797 orĀ contact us online.

Hear What Our Clients Have To Say

"After firing two lawyers for failure to communicate with me and missed court dates, I was praying for a good lawyer and Earl was the perfect one for my case. He went above and beyond, constantly communicating with me with updates and what the strategy plan would be. I highly recommend him for anybody out there that wants a top notch lawyer that actually cares about his clients!"
Posted By: Marcelo Tamez

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