Ventura DUI Attorney


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About the Science of a DUI
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Breath Tests / Refusal
DMV Hearings
DUI & Injury
DUI Car Accidents
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The Science Behind DUIs

Did a breath test lead to your arrest?

The evidence that most DUI cases rest upon is the evidence obtained from a breathalyzer test. What is this? A breathalyzer test, or simply a "breath test," is a device that an officer will ask you to blow into if you have been pulled over under the suspicion of driving under the influence. A breath test works by estimating the level of alcohol that is in your blood stream. The key word here is "estimating." These tests are not a foolproof indicator of intoxication, so it is important that you hire an attorney that understands this. Attorneys at Floyd, Skeren & Kelly are certified by the International Association of Chiefs of Police as well as the National Highway Traffic Safety Administration are certified in both the proper procedures for administering these tests as well as evaluating the evidence from these tests.

Preliminary Alcohol Screening (PAS) devices are commonly used by the California Highway Patrol in order to measure blood alcohol level while on the field. It is important to understand that these are not the implied consent devices, which means this is not a test you are forced to submit to if you are arrested for DUI. These are simply the devices that are used by police officers to decide whether they want to arrest you or not. Know your rights! Granted you are above the age of 21 and are not on probation at the time of your arrest, you have the right to refuse a PAS test.

Breath tests are not always accurate!

Intoximeters Inc. is a manufacturer of PAS devices, and they themselves claim that these devices are specific to ethyl alcohol. These breath tests then measure the ethanol left on your breath after drinking wine, beer and other distilled spirits. The amount of ethanol on your breath is not directly affiliated with the amount of alcohol that is actually in your system. It is only an indication of how much alcohol may possibly be in your system. There are very specific procedures that officers have to use when administering these tests. If they do so improperly and this can be proven, then the DUI charges must be dropped because the evidence has been called into question.

Officers must properly instruct those taking the tests to "begin blowing," "keep blowing," and "stop blowing." These are crucial aspects of the arrest. A false reading may result from improper instructions from your arresting officer. Distilled spirits are not the only products that can give an alcohol reading on the PAS tests. Although these breath tests are supposed to be alcohol specific, even food products as neutral as bread can result in a positive blood alcohol reading. This means that any food or drink that you ingested recently can be cause for an officer to arrest you for drunk driving.

Floyd, Skeren & Kelly: Knowledge You Want on Your Side

Knowing the science behind breath tests such as the PAS test is crucial when it comes to hiring a DUI attorney. Our lawyers are certified in administering and evaluating the evidence that comes from these tests. This can mean the difference between a DUI conviction and dropped charges. Don't take the risk of hiring an attorney with less experience than our firm. We are proven in our DUI defense tactics which have time and time again been able to help our clients avoid severe penalties like license suspension, fines and even jail time. After you have been arrested for drunk driving, you only have ten days before you have to appear at your first hearing. Don't wait! Contact the attorneys at Floyd, Skeren & Kelly today.

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Floyd, Skeren & Kelly, LLP - Ventura DUI Attorney
Located at 916 West Ventura Boulevard, Suite 100 Camarillo, CA 93010. View Map
Phone: (888) 660-3554