Can a breathalyzer be off by .01 in a California DUI? 11 Answers as of November 16, 2010

Can a breathalyzer be off by .01 in California? They are saying .09.

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Law Office of Tracey S. Sang
Law Office of Tracey S. Sang | Tracey Sang
A breathalyzer can absolutely be off by as little as .01. If your result was only .09 then you are in a good position to make several arguments and should speak to an attorney about the details of your stop and arrest.
Answer Applies to: California
Replied: 11/16/2010
Law Office of Thomas F. Mueller
Law Office of Thomas F. Mueller | Thomas Mueller
The margin of error for a typical California Intoxilyser is 20%. Therefore a .09 B/A is worth fighting. We are very successful in Handling those cases. For more questions or a rate quote call us at Tom Mueller
Answer Applies to: California
Replied: 11/15/2010
Law Office of Marc K. Herbert
Law Office of Marc K. Herbert | Marc K. Herbert
A breathalyzer can be "off" by several points, depending on maintenance, calibration and operation by law enforcement.

Even if the machine is working right, it may be possible to negotiate a .09 breath reading to a lesser charge. You need an experienced attorney to help you review the police reports, subpoena records on the breath machine and negotiate with the District Attorney assigned to your case.

If you have any more questions, please call my office.
Answer Applies to: California
Replied: 11/14/2010
Nelson & Lawless
Nelson & Lawless | Terry Nelson
The report itself shows two test readings and two actual on you. If there is a discrepancy between the test readings, then the test would be off and not usable, and would be done over. Whatever the actual results on you are, is the BA used by the court, from .00 and up. If you are over .08 you face a second count of DUI over the limit. Now, if serious about getting counsel to represent you in this, feel free to contact me.
Answer Applies to: California
Replied: 11/13/2010
Alanna D. Coopersmith, Attorney at Law
Alanna D. Coopersmith, Attorney at Law | Alanna D. Coopersmith
Yes, for most breathalyzers, even the DAs expert witness will admit there is a margin of error of .01.

(Bear in mind that a DUI is .08 or higher, not just higher than .08.).
Answer Applies to: California
Replied: 11/13/2010
    Law Offices of Phil Hache
    Law Offices of Phil Hache | Phil Hache
    Yes. It is possible for a Breathalizer to be off by .01 or more. That is part of the defense to DUIs, and how I get DUI charges dismissed. What Court is your hearing in? Call me for a free consultation to discuss your case.
    Answer Applies to: California
    Replied: 11/12/2010
    Steven Mandell
    Steven Mandell | Law Offices of Steven Mandell
    The margin of error of the breathalyzer machine (admitted by the manufacturer) is +/- .01%, so a .09 could actually be a .10 (+.01) or a .08 (-.01). And there could be other reasons why the machine could be reading .02% over/under. The burden is on the prosecutor to prove that it was a .08 or greater, and with all the variables, it is not hard to convince a jury that the prosecutor can not prove that you were driving with a .08% blood alcohol concentration. If it could have been a .07, you have a doubt about whether it is a .08 or greater, and therefore, the prosecutor hasn't proved the case beyond a reasonable doubt. Advantage: Defendant.
    Answer Applies to: California
    Replied: 11/12/2010
    Law Office of Geoffrey M. Yaryan
    Law Office of Geoffrey M. Yaryan | Geoffrey M. Yaryan
    Yes, it can be off more than that depending on a number of factors.
    Answer Applies to: California
    Replied: 11/12/2010
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Definitely. In fact, even 0.02 is an acceptable margin of error as far as the law is concerned.
    Answer Applies to: California
    Replied: 11/12/2010
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    Sure they can but you will need a lawyer or Public Defender to challenge the reading. They can challenge the calibration of the machine, when it was last tested, etc.
    Answer Applies to: California
    Replied: 11/12/2010
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