California’s Supreme Court just ruled that defendants charged with DUI crimes can challenge the reliability of breathalyzer tests.

The ruling is a helpful hiccup for Californians and visitors charged with driving under the influence.

Breath-testing machines a/k/a ‘breathalyzers’ in California incorporate a “partition ratio” of 2,100 to 1 when measuring a person’s breath for intoxication. The machines convert a person’s breath sample to a blood-alcohol content (‘BAC’) percentage to determine if it is 0.08 or higher, a BAC level that violates state law.

The new decision will help many California DUI defendants to challenge the reliability of DUI breathalyzer tests.

  • State DUI Laws
  • DUI/DWI Defense Lawyers
  • Breathalyzer Tests Can Be Challenged, Calif. Supreme Court Rules (L.A. Times, Jul. 9, 2009)

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