Authorities in Santa Clara County are reviewing 865 DUI arrests because of faulty breathalyzers used by police, the Mercury News reports.
Fresno DUI Defense Attorneys understands that law enforcement continues to use breathalyzers, which may be faulty, in the pursuit of drunken driving crimes. If you are arrested and charged with DUI, you'll need an experienced criminal defense attorney.
Law enforcement in the Fresno area are also stepping up their crackdown on drunken drivers as well. According to the Fresno Bee, two men were arrested during a recent sobriety check point in Visalia near Houston Avenue and McAuliff Road. And a postal worker was arrested for allegedly driving drunk last week, according to the newspaper.
In the breathalyzer cases, San Jose police used the Alco-Sensor V breathalyzer for nearly six months before stopping recently. The device has also been used in Palo Alto, but it's unclear how many cases may be affected there.
According to the district attorney, a manufacturer's error has caused incorrect readings on the devices because condensation built up inside the tube into which suspected drunken drivers blow. It's possible cases where a driver blows into the device but later refuses to provide a blood test are now suspect.
The cases may affect drivers who were driving while intoxicated, but also drivers who were wrongly accused because the devices were faulty. The legal blood-alcohol level in California is .08. Issues regarding the accuracy of the breathalyzer device are best directed to a knowledgeable Fresno DUI Attorney.
And it's possible that people may have already been convicted and penalized before the cases came under review. The penalty for a first misdemeanor DUI conviction is usually a $2,000 fine, 48 hours of jail or community service and DMV classes. More severe DUI cases or defendants with prior criminal histories can face stronger penalties, including years in prison.
Breathalyzer test results are often suspect and are part of a case that can be challenged by an experienced drunk driving defense lawyer in Fresno or elsewhere. Probable cause for the traffic stop and probable cause for requesting that you submit to field sobriety tests or breathalyzer tests may also be challenged. An officer's training and experience should also be reviewed.
If you need to speak with a DUI defense attorney in Fresno, contact the Law Offices of Michael E. Mitchell at 559-222-2424 for a free consultation.
