Some people facing criminal proceedings on charges of DUI in California have declined to accept the reliability of breath tests alleging that the testing procedures and equipments used in the state are full of flaws.
Los Angeles, CA -- (SBWIRE) -- 10/17/2013 -- When people are prosecuted on the charges of drunk driving, the entire DUI criminal proceedings in California revolve around the lab report of the blood-alcohol content to prove that the driver was driving under the influence with more than permissible limits of 0.08 percent in their bloodstream. Some people facing criminal proceedings on charges of DUI in California have declined to accept the reliability of breath tests alleging that the testing procedures and equipments used in the state are full of flaws.
The accuracy of driver's BAC calculation in the State is under fire and more and more people facing DUI charges are refusing to accept the test reports. People allege that BAC reports are inaccurate as outdated methods are being used. They argue that BAC tests are unable to provide precise calculations, and it only gives an estimated count of the person’s blood alcohol. They challenge the DUI tests arguing that estimated report of the blood alcohol should also include the margin of uncertainly to present the exact range of the driver’s BAC in the court. For example, if the margin of uncertainty happens to be 0.03 percent, the people facing DUI charges with a BAC of 0.10 percent will actually fall within the permissible blood-alcohol levels of 0.08 percent as the BAC test will exactly confirm only 0.07 percent blood alcohol. The margin of uncertainly becomes extremely crucial as it creates the difference between an acquittal and a conviction. They argue that people cannot be convicted on the basis of uncertain reports.
The people criticizing the BAC test reports claim that single number reports without a margin of uncertainly provide deceptive information and false claims of accuracy to the jury members. The juries must know the margin of uncertainty of these reports.
The people facing DUI criminal proceedings in California have also refused to accept the accuracy of the state's DUI testing procedures because lab equipments used for testing are not certified to meet international standards. They argued that uncertified equipments and procedures cannot guarantee the accuracy of their tests and challenged the reliability of testing equipments and procedures by pointing that as of August 2013, Santa Clara County is the only county in California with certified and international standard forensic equipments. The State is still planning to get the forensic equipments and procedures certified to meet international standards for the rest of the counties.
DUI attorneys defend the rights of their clients
The DUI charges in California involve very serious consequences. If any person being prosecuted on the criminal charges of DUI in California fails to successfully defend the prosecution charges, he or she might end up with huge fines, possible confinement in jail, suspended driver’s license or requirements to install the ignition interlock device in the car. These severe penalties may completely change the life of people and this is the reason why people strongly defend their rights of completely fair trials during the criminal DUI proceedings in California. They hire highly skilled professional DUI attorneys to defend their life and freedom on facing DUI charges in California. The experienced attorneys have questioned the reliability of BAC tests by highlighting the uncertified equipments and procedures being used and margin of uncertainty involved in the BAC tests in order to defend the rights of their clients.
For more information on BAC tests in California or to read the Layman’s DUI Guide, go to duiattorneyslosangeles.org.