San Jose DUI Defense Lawyer

DUI Breath Tests

During a DUI breath alcohol test, a person blows into an instrument to measure the concentration of alcohol in the deep lung region called the "alveoli." The concentration of alcohol in the "alveolar air" is thought to correspond to the concentration of alcohol in the blood. A person’s breath alcohol concentration is believed to be related to their blood alcohol concentration.  Thus, by measuring a person’s breath alcohol concentration, law enforcement can determine his or her blood alcohol concentration (BAC).  The American Medical Association reports that a person’s abilities can be impaired with a BAC of 0.05%, but California law sets an illegal BAC at 0.08% or above .  This means there are 0.08 grams of alcohol present per 100 milliliters of blood. 

Many breath testing methods are deeply flawed and are plagued with problems that can lead to the wrongful prosecution and conviction of innocent DUI defendants. Unfortunately for those who stand accused of DUI or any other drinking and driving related offense, there are many ways that breath testing machines can be in error. They are subject to human error, maintenance problems, interference from outside sources (such as radio frequency interference), and internal malfunctions.

DUI in California

You will need an experienced California DUI defense attorney who can challenge the reliability of a faulty alcohol breath testing device . At the law offices of Thomas F. Mueller, our lawyers have the experience and skills necessary to challenge every aspect of your case, which may lead to alternative sentencing or dismissed charges.

At Thomas F. Mueller we understand the seriousness of a DUI charge.  Our skilled lawyers will do everything possible to get you the best outcome for your DUI case and we will challenge any breath testing methods.  We know that your future is at stake and we are here to assist you.

Accused of DUI in Northern California? Contact us today!