Calif. Accused Drunk Drivers Can Challenge Breath Tests

Calif. Accused Drunk Drivers Can Challenge Breath Tests
July 14, 2009

News Summary

Breathalyzer tests can fail to produce accurate results, so accused drunk drivers have the right to challenge the results of such tests in court, the California Supreme Court has ruled.

The Los Angeles Times reported July 9 that the court ruled unanimously that defendants can introduce evidence in court to challenge sobriety tests conducted by police. The court noted that results from breath tests can vary widely, with blood-alcohol content readings affected by factors like body temperature, medical conditions, and the calibration of the testing device.

"Evidence casting doubt on the accuracy of the breath-to-blood conversion ratio is just as relevant as other evidence rebutting the presumption of intoxication from a breath test result, such as evidence that the defendant had a high tolerance for alcohol or performed well in field sobriety testing," the court ruled.

In California, suspected drunk drivers have the choice of taking a blood test or breath test to determine their blood-alcohol content.

COMMENTS ON THIS ARTICLE:

Posted by Rob Fleming on 15 Jul 09 08:53 AM EDT

Let's also remember that a recent US Supreme Court ruling gives defendants the right to have the forensic technicians who conducted tests testify in person, not just with a paper report. Hours spent waiting to testify (and anyone who has pulled jury duty knows about that) are hours not doing forensic work, thus raising the costs and/or contributing to backlogs. Backlogs conflict with the right to speedy trial, so some cases may get thrown out. The ruling could also give grounds for appeals for retrial, and drug cases are particularly forensics-based. This all adds up to much more expensive prosecutions and a greater willingness for prosecutors to plea bargain. It also makes prevention and treatment more cost-effective relative to prosecution.

Posted by Donna Miller on 15 Jul 09 09:43 AM EDT

Technicalities such as this are costly and new testing. Impairment is an impairment and why we allow operation of any machine while under the influence of any substance only reinforces the fact there is still denial that these societal issues cost us money and undue human suffering. Altered states of mind can produce unwanted results whether it is due to substance use, stress, mental illness, lack of sleep or not eating properly or old age. Why we have a law allowing any use of a substance while driving shocks me.Designate a driver or take a taxi or public transportation or don't use.

Posted by Lou Sugo on 15 Jul 09 10:31 AM EDT

According to NHTSA's 2008 Traffic Safety Annual Assessment, alcohol-impaired driving fatalities declined by 9.7% in 2008. This is quite an accomplishment although there is still a long way to go solve the drunk driving problem and other alcohol misuse issues. That said, tying the hands of the courts and law enforcement by allowing counsel to introduce evidence in court to challenge sobriety tests conducted by police will bring the court process to a schreeching halt...allowing DWI offenders to avoid real consequences! One step forward...two steps back! An unfortunate victory for CA-based DWI defense attorneys.

Posted by Helen Harberts on 15 Jul 09 10:57 AM EDT

We should simply mandate a blood draw. Breath tests don't provide information about other drugs in the system which may be impacting impairment.

Posted by Fred on 15 Jul 09 11:29 AM EDT

Let’s not get too emotional about this; they are just trying to protect individual rights to present all the evidence in a trial. Yes, it will be misused by guilty people just trying to get off, but that wouldn’t justify not giving people the right to defend against the possibility of a false reading. Saying that people should not have the right to drive while on any amount of any substance would deny my right to have a cup of caffeine in the morning. How ‘bout we get a group of legal experts and let them hear the opinions of experts from both sides of the question, and then let them decide what would be the best course of action. Oh wait, that’s what just happened isn’t it.

Posted by Fred on 15 Jul 09 11:35 AM EDT

mandated blood draws would violate the rights of a friend of mine who has a fear of needles. Who would do these blood draws anyway the officer in the field? No, thanks very much but not me, no.

Posted by jrzshor on 15 Jul 09 01:42 PM EDT

""Evidence casting doubt on the accuracy of the breath-to-blood conversion ratio is just as relevant as other evidence rebutting the presumption of intoxication from a breath test result, such as evidence that the defendant had a high tolerance for alcohol or performed well in field sobriety testing," the court ruled." I am not a judge, but did they just say that if someone has a high tolerance to alcohol and supposedly does ok on the heel to toe, they are NOT drunk?

Posted by Verde on 15 Jul 09 02:46 PM EDT

There should be a judge on duty 24/7 to be confirming official. When the drunk is arrested, the officer should take him before the judge while he is intoxicated and the judge should order the blood test.

Posted by Verde on 15 Jul 09 02:53 PM EDT

Fred driving is a priviledge and when you sign to get your license, you agree to submit to a test of your blood if you are charged with DUI. How would this violate a right. Even a forced blood draw would not be a violation, because in the blood, the evidence of the crime exists.

Posted by Officer Ron on 23 Jul 09 01:54 PM EDT

I've never been trained, but I'll happily do it and "forget" to let you know your rights!! Right on Verde..........

Posted by Mountaineer1863 on 23 Nov 09 12:01 PM EST

There isn't 3 cops alive who could forcibly take blood from me, trust me on that one. Nor shall blood ever be given. Field sobriety tests and breathalyzers are more then adequate.

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