Calif. Accused Drunk Drivers Can Challenge Breath Tests

Breathalyzer tests can fail to produce accurate results, so accused drunk drivers have the right to challenge the results of such tests in court, the California Supreme Court has ruled.

The Los Angeles Times reported July 9 that the court ruled unanimously that defendants can introduce evidence in court to challenge sobriety tests conducted by police. The court noted that results from breath tests can vary widely, with blood-alcohol content readings affected by factors like body temperature, medical conditions, and the calibration of the testing device.

“Evidence casting doubt on the accuracy of the breath-to-blood conversion ratio is just as relevant as other evidence rebutting the presumption of intoxication from a breath test result, such as evidence that the defendant had a high tolerance for alcohol or performed well in field sobriety testing,” the court ruled.

In California, suspected drunk drivers have the choice of taking a blood test or breath test to determine their blood-alcohol content.