A man out of California is in the news for his attempt to take a case to
the highest court in the United States: SCOTUS. SCOTUS, or the Supreme
Court of the United States, denied review of his case.
The case provides an interesting take on the reliability of
DUI machines. The man's argument centered on questioning the use of a
breath sample to get a reading of the amount of alcohol in a person's
bloodstream, which was supported by a professor of medicine and physiology
out of the University of Washington. Ultimately, the professor claimed
that these machines are incapable of getting an accurate reading.
The argument is based on the wide range of variables inherent to these
tests. The medical professional mentioned above is noted as claiming the
tests would be more reliant if they used air that was deep within the
lungs, closer to the blood vessels. However, this is generally not where
the air that leads to the breath sample comes from. Instead the air used
is the exhaled air.
Ultimately, a trial judge ruled the argument was too speculative and SCOTUS
refused to provide further review.
This is not the first time Breathalyzers have been criticized in court.
In some cases, the critiques have led to dismissal of charges. As a result,
those who are charged with a DUI are wise to seek the counsel of an experienced
drunk driving defense attorney. Your lawyer will review the details of
your case to build a defense. This review will likely include looking
into the way evidence was gathered to ensure that proper techniques were used.
Source: SF Gate, "
U.S. Supreme Court rejects challenge to DUI machines," Bob Egelko, June 23, 2014