Breathalyzer Test Results Being Challenged

People who have been charged with DUI after taking on version of the breathalyzer test are having their cases overturned by the dozens due to problems with the certification of the people doing the testing.

The company that makes the breathalyzer in question has maintained that their breath test works perfectly well and is reliable. However, people who give these breath tests are supposed to be certified every four years.

Courts are repeatedly finding that the people giving the breathalyzer tests are either not certified at all or have had their certification period extended through twisted means. For example, one breath test operator was certified in 2003 and then in 2005. The breathalyzer company then qualified the operator to perform tests until 2012, an eight year period because the operator had been trained twice.

Motions to suppress the test have been upheld in court multiple times and thousands of people accused of DUI may be able to have their cases overturned due to this administrative snafu. Cases in jeopardy fall over a two and a half year period.

Were you arrested for DUI but have reason to believe your breath test results were questionable? Contact Schwartz & Naderi today to have your case and test results reviewed by a Los Angeles criminal defense lawyer.