Bad Science

Surprisingly, much of the scientific evidence used in a DUI charge is not accurate. Take the alcohol breath test for example. It is supposed to measure deep-lung air or “alveolar” air [Title 17, California Code of Regulations]. However, the devices commonly used in a Santa Cruz DUI arrest cannot tell if the alcohol in the air tested is from deep in the lungs or contaminated by alcohol from the mouth or nose. I can demonstrate this because, unlike some other California DUI lawyers, in my office we have an Alco-Sensor IV – the same hand held breath test unit used by the California Highway Patrol. I can make the device show that I have no alcohol in my system, and then one minute later, get it to show a blood alcohol concentration so high that I should have respiratory failure and be in a coma. Needless to say, that blood alcohol level would be well above the blood alcohol legal limit for a California DUI arrest.

Also interesting are the effects of certain carbohydrates, particularly bread, on the device. Take a look at these photos that show a .068 reading on an Alco-Sensor IV after chewing a slice of bread! I could have been subject to a DUI arrest and DUI / DWI charges based on this!

The field sobriety tests are also based on poor science. Many people fail field sobriety tests that are 100% sober. Furthermore, the drunk driving laws do not require field sobriety tests. The standardized field sobriety tests used by many law enforcement agencies, including CHP Officers and the law enforcement agency's for Santa Cruz, Monterey, San Benito and Santa Clara counties for DUI arrests and DWI charges are rarely given carefully or according to proper procedure. I am certified in DUI / DWI detection and standardized field sobriety testing and I understand how these tests should be administered. Unfortunately, many drunk driving lawyers, who may understand the drunk driving laws, do not have this important practical training.

Importantly, the officials who developed the NHTSA (National Highway Traffic and Safety Administration) tests have said: “If the tests are not given properly they have no meaning.” There are excellent studies that show that the field sobriety tests are designed for failure and are no better than a coin flip for determining impairment by alcohol – see the following PDF document.

Variables Affecting Accuracy and Precision of Breath Alcohol Measurements

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