There is no such thing as an open and shut California DUI case… there just isn’t. The prosecution could charge you with driving with a BAC of. 20%, causing an accident, and being so drunk that you could hardly stand, let alone drive a car.
And yet even considering these facts are true… which they typically aren’t… there are still a number of DUI defenses that could result in reduced or even dismissed DUI charges. This is why is it ever critical to consult with an experienced California DUI defense attorney before making the decision to plead guilty.
Ways to Beat Your California DUI Charges
1. California DUI breath testing is subject to a wide variety of errors
California DUI breath tests are subject to a wide variety of errors. These include (but are not limited to)
improper handling by the police,
your physiological conditions (such as GERD or your diet, both of which are discussed below), and even
outside environmental factors (such as radio frequency interference, which is also described below).
While DUI breath testing is the most common way to measure one’s BAC, it’s not always an accurate one. This is because of the fact that a DUI breath test doesn’t directly measure the quantity of alcohol in your blood.
2. Mouth alcohol can alter the accuracy of your California DUI breath test
DUI breathe testing devices are designed to capture a sample of breath from your deep lung tissue (otherwise known as “alveolar air”). When residual alcohol lingers in the mouth… either because dental
work trapped small amounts of alcohol-soaked food in your teeth,
you burped or regurgitated, or you
suffer from GERD, acid reflux or heartburn (discussed below)…
the breath test instrument takes “mouth alcohol” rather than simply alveolar air. As a result, mouth alcohol can trigger a falsely high BAC reading on a California DUI breath test.
3. Medical diseases such as GERD, acid reflux, and/or heartburn can contaminate your DUI breath test results
Gastroesophageal Reflux Disease (more commonly referred to as “GERD”), acid reflux, and heartburn are all known medical conditions that create possible mouth alcohol situations. This is because these conditions produce a flow of acid that travels from the stomach into the mouth.
4. A low-carbohydrate, high-protein Atkins-style diet or conditions such as diabetes or hypoglycemia can trick a DUI breath test and result in a falsely high BAC
Self-imposed conditions such as Atkins-style diets and medical conditions such as diabetes and hypoglycemia are really capable of self-producing isopropyl alcohol. This is because bodies that are deprived of carbohydrates turn to stored fat for energy. This process creates ketones. Ketones, when passed from the body through breath and urine, convert into isopropyl alcohol.To know more on DUI you can visit www.omofomalaw.com/los-angeles-dui-lawyer.
The problem… with respect to DUI breath testing… is that most California DUI breath testing devices aren’t sophisticated enough to distinguish between this self-produced isopropyl alcohol and ethyl alcohol (the type of alcohol that we drink). As a result, Atkins-style diets or diabetes or hypoglycemia can trick a DUI breath testing instrument into producing a falsely high BAC. Similarly, diabetes can fool the breathalyzer and should be viewed as a DUI defense.