This may have been due to the operator’s lack of training. The operator caused the machine to malfunction.This caused the machine to provide a false, high test result. You have a medical condition such as GERD, acid reflux, or chronic heartburn.Mouth air can contain residual alcohol which can cause the machine to provide inaccurate data. You blew air directly from your mouth rather than deep lung air into the machine.This affected the accuracy of the machine’s result. You have an inconsistent breathing pattern.Its operations interfere with the machine’s ability to determine results. RFI happens when an electronic device such as a cell phone is close to the breath machine. Outside influences, such as radio frequency interference (RFI) and temperature, caused the results of the machine to be inaccurate.You were unable to blow enough air for the machine to provide a result.The machine was not calibrated properly.The inadequate amounts of necessary chemical may have caused the blood to have fermented inside the vial, producing its own alcohol. The right amounts of these chemicals allow the sample to be sufficiently preserved for a duplicate test. The vial containing your sample did not contain adequate amounts of anticoagulant and preservative.If you are charged with driving under the influence, all hope should not be lost. There are also reasons to invalidate a sample that are specific to a particular type of test. General reasons include: the chain of custody for your sample was broken your sample was contaminated a person not qualified to take the sample did so the vial containing your sample was not properly stored the records for your test were inaccurate because record-keeping procedures were not followed and devices used to test your sample were not operating properly. Invalidating Chemical Test Results Our attorneys are well-versed on all the reasons why your chemical test results may be invalid.Īn experienced criminal defense attorney from Wallin & Klarich can present many reasons why chemical test results can be invalidated. The test result is displayed, and an operator records the result.

The device takes a bit to provide results about your breath sample. You blow for about 4 seconds, as you hear a mechanical beeping noise. The unit has to warm up until a display indicates that you should blow. The power button is pressed and released. Typically, a mouthpiece is attached to the Breathalyzer. You take a Breathalyzer test in a police station or a mobile unit at a DUI checkpoint. Therefore it is recommended that you do not take this test unless you fit into one of the above categories. You are not required to take a PAS test unless you are under 21 or on probation or parole. The Breathalyzer machine is bigger and provides more reliable results than the PAS device. The handheld device is not the same as the Breathalyzer machine at a police station or mobile unit at a DUI checkpoint. This may occur if a police officer believes you may be drunk driving. You take a Preliminary Alcohol Screening (PAS) test on the side of the road with a handheld Breathalyzer device. The device then uses the amount of alcohol in your breath to calculate the amount of alcohol in your blood. This provides the operator with your blood-to-breath partition ratio. The device that you breathe into multiplies the amount of alcohol in the breath sample by 2100. This type of air provides the most accurate sample to get results. 6 Breath tests measure deep lung air, also known as alveolar air. 5 A machine operator must get two separate test results that differ by no more than 0.02 grams per 100 milliliters of blood alcohol. You must be observed for 15 continuous minutes before being given a breath test. The part of the sample that remains after testing is preserved for 1 year after the date of collection. The blood is then mixed with an anticoagulant and preservative.

1 The sample is taken as soon as possible after an offense.

The person draws enough blood so that the sample may be retested. Blood One way the police may measure your blood alcohol content is through a blood test.Ī person qualified to take a blood sample takes a draw of blood, usually from a major vein in your arm. There are two main chemical tests for alcohol and/or other drugs: blood, and breath. Your BAC will increase with every drink you take. It is measured as grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath. Your BAC level is defined as the percent of alcohol in your bloodstream at one time. Blood Alcohol Content (BAC) Tests in Californiaīasic BAC Test Information and Procedures

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