Sunday, November 11, 2007

California DUI Breath Testing Attorney Defenses in California Drunk Driving Defense Lawyer Case

DUI California Defense Attorney - Possible Drunk Driving Lawyer Breath Test Defenses

Any California DUI / Drunk Driving officer who arrests you for a California DUI / Drunk Driving charge has to continuously observe you for 15 straight minutes just before you provide your California DUI / Drunk Driving breath sample. [California Code of Regulations, Title 17; Manriquez v. Gourley]

Inform your San Diego California DUI / Drunk Driving DUI Criminal Defense Attorney if you were left alone or out of the sight of the California DUI / Drunk Driving officer at anytime prior to taking the California DUI / Drunk Driving test, including being placed in a holding room/cell, using the toilet or making a phone call.

Did the California DUI / Drunk Driving officer include any of the transportation time as part of the required 15 minute observation period?

Your DUI Attorney for your San Diego, California DUI / Drunk Driving may inquire if you had trouble holding down food or liquid, had a slight burp or regurgitation of gas, and/or began to vomit during the 15 minute observation period before the California DUI / Drunk Driving test.

If you belched, burped or had a slight regurgitation of gas during the 15 minute observation period before taking the California DUI / Drunk Driving breath sample, you could have a falsely elevated breath test reading.

Some San Diego California DUI / Drunk Driving / DWI defense cases involve a breath test that is unreliable, inaccurate or inappropriate.

Your San Diego DUI / Drunk Driving Defense Criminal Defense Lawyer may want to know if you have a medical condition, such as diabetes or is hypoglycemic because these individuals that consume alcohol can also produce a high acetone level which the body converts into isopropyl alcohol.

Your DUI Attorney from San Diego California may inquire if you have a dental problem, such as gum disease/gingivitis/pockets around roots, dentures or bridgework. These conditions reportedly may trap mouth alcohol and contaminate the results of a California DUI / Drunk Driving breath test.

Your California DUI / Drunk Driving / DMV Defense Attorney may want to know if you were diagnosed with a hiatal hernia, reflux disease or an intestinal problem.

Your San Diego California DUI / DMV Defense Lawyer should be informed if you have a respiratory problem, such as asthma, bronchitis, emphysema or chronic obstructive pulmonary disease.

Did you, immediately preceding your San Diego DUI detention, use Breath Drops or mouth spray that contained alcohol?

Did you consume Nyquil, Vicks Formula 44 or other brand cough medicine, or in the event you used a lip balm, or possibly toothache drops, any of which may include alcohol?

Were there other substances that may have been ingested shortly before the California Drunk Driving breath test that may interfere with and/or produce incompetent California DUI test results, including products such as Skoal brand snuff?

Were your actions, behavior or conduct are inconsistent with and do not match your California DUI / Drunk Driving breath test results?

Were you on the Atkins high protein diet? Your California DUI / Drunk Driving Criminal Attorney may be able to present an argument that such an individual can trigger an auto-generated alcohol production when they introduce carbohydrates to their body, thereby converting ketones into isopropyl alcohol.

Was there any recent exposure to toxic substances, volatile fumes, including lacquer substances, gasoline, paint, dry cleaning fluids or even brand 409 housecleaner, because they can produce a chemical interference with, and therefore, cause an elevated California DUI / Drunk Driving breath test result?

If you were in an automobile accident and the air bag inflated, was there exposure to the propellant and/or lung and airway irritation causing fluid build-up from the caustic gas propellant, aka the Tyndall Effect?

Is it possible you had an elevated breath temperature at the time the California Drunk Driving test was performed as a result of high fever, having recently used a sauna or hot tub, detained in the back of the patrol car in summer, or standing in the hot sun, dancing, running, heavy exercising, or if a woman who was having a menstrual cycle?

Did you have a blowing pattern irregularity at the time of the California DUI breath test that can produce artificially high water vapor and thereby cause the California Drunk Driving test to be unreliable, e.g. as in the case you may have been crying?