Question
Can I fight my DUI if the breathlyzer machine wasnt working?
Arresting officer couldn't get the machine working and even said I hope I can get this working. I know that the intoxilyzer 5000 was used. I've heard that this machine has some faults and in my case it did. They couldn't get it working for a couple of minutes. Could this give me a reasonable cause to fight this DUI? Could the calibration of the machine have been wrong?LawQA.com Answer Library
Law Office of Thomas F. Mueller | Thomas Mueller
95 S Market St Ste 300 - San Jose, CA 95113 | 408 292-1564
95 S Market St Ste 300 - San Jose, CA 95113 | 408 292-1564
It is possible to challenge the accuracy of the machine. In order to have a chance it is necessary to hire an expert to look at the maintenance records of that machine and the readout product before and after your test.
Answer Applies to: California
Replied: 9/8/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 9/8/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: D'Andrea Law
Based on the facts you've described you have a good defense against the DUI. I would recommend contacting an attorney and pleading not guilty to the charges. At trial the attorney will obtain an expert along with other tactics to prove that the breathalyzer test was not reliable.
Answer Applies to: California
Replied: 9/8/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 9/8/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: The Law Office of Harry E. Hudson, Jr.
That would be a good reason to fight the case.
Answer Applies to: California
Replied: 9/7/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 9/7/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Office of Jeff Yeh
Of course. If it wasn't working, then there probably weren't any results. So all they have is FSTs and maybe some bad driving. Prosecutors hate this type of a case, and DUI attorneys love it.
Answer Applies to: California
Replied: 9/7/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 9/7/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Office of Eric Sterkenburg
You can fight your DUI anytime. The question is do you have a chance to win? Fighting a DUI is a very technical procedure. There are lots of technical reasons that a breath test is wrong. To fight this you will need an attorney that can evaluate the facts of your incident and know what questions to ask. Following his advice will give you the best results.
Answer Applies to: California
Replied: 9/7/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 9/7/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Office of Daniel K Martin
This is a very common question. In fact I would say that more often than not clients tell me there was a problem with the Breathalizer. Officers will claim that the problem was the the suspect was not blowing hard enough and if the machine does not get enough air it will not generate a reading. This is one of the many safe guards designed into the machine to make sure that the results are accurate. (Pretty much exactly what they say on the stand when I ask them.) To which I reply ok, which mechanism is it that makes sure that the machine will not give a reading if there is not enough air. The officer replies 'I don't know' and I say how do you know that part of the machine wasn't broken? The bottom line is the fact that there was trouble with the machine can help but it is not the factor that the jury will consider. The jury will also consider how well trained the officer was and how well the officer testified as well as how high the blood alcohol was (according to the machine) and other factors such as was reckless driving observed by a third party. The best thing I can tell you is to contact a criminal defense lawyer who has experience with DUIs and discuss the case completely with them. I hope you get the best possible result.
Answer Applies to: California
Replied: 9/7/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 9/7/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Office of Edward J. Blum
Yes. Fight it. The machine not working is a great way to fight your case. Assuming that your driving wasn't horrendous, the machine results are the only thing the prosecutor has against you.
Answer Applies to: California
Replied: 9/7/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 9/7/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Office of Andrew Roberts
This type of breathylyzer has caused some great problems in Ventura County. Any problems with a machine can provide great benefit in defending against a DUI. Call me with any questions.
Answer Applies to: California
Replied: 9/7/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 9/7/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Offices of Elliott Zarabi
Best way to fight your DUI! But, it must be noted that it wasn't working.
Answer Applies to: California
Replied: 9/7/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 9/7/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
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