Scientific Guidance in Undermining Results of Blood/Breath Check

A skillful DUI lawyer in Los Angeles will make use of science to fight the consistency of breath results. Many Los Angeles DUI lawyers have background in science, others educated enough from books and professionals. The prosecutor, as part of his case, will use an experienced to read the blood results and opine on the impairment. Defense may either attack the testimony of the People’s expert or/and can call its own specialist who will opine that there is no impairment and/or that the alcohol level at the time of driving is under the statutory .08%.

Skilled Los Angeles DUI Attorneys is aware exactly how to attack it. For example, a measure of alcohol in blood as based on breath test thinks that many individuals have a constant conversion ratio between blood and breath of 2100:1. People’s experts will count on Dubowski’s 1992 study that concludes underestimation actual Blood Alcohol Concentration (BAC) in 86% of of all cases by 8%. Some other professionals in the field of toxicology will not agree with that study and conclude that BAC results from the breath tests must not be assumed to be the same as results of blood test. The uncertainty is 15% if the driver is postabsorptive. In case the driver is not postabsorptive, the uncertainty is more than 50%. (G Simpson 1990 article). Trying a Los Angeles DUI will be a challenge because juries are only confused through all the science shown and try to locate an simple way out by convicting defendants.

Short of contacting your own private expert, Los Angeles DWI lawyer should know standard scientific articles discussing science behind alcohol impairment and then level of alcohol in blood. Because any evidence of impairment is circumstantial, as opposed to strong evidence in which we can certainly discover how the brain is affected from a lot of alcohol, professional’s testimony is needed to take conclusion from the test done around one hour later to the problems during the time of driving.

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