Perhaps the most potentially damning evidence in a DUI case is a blood alcohol content in excess of the 0.08 legal limit. Because California law, under VC 23152(b), allows for a conviction based solely on your BAC without necessarily proof of any signs of alcohol impairment, much rides on the results of the chemical test, either breath or blood, utilized to make that BAC determination. Which begs the question, is the BAC test result always accurate? The answer, as a knowledgeable Los Angeles DUI attorney can explain, is, “Not always.”

Proper Protocols Were Not Followed

The California Code of Regulations, Title 17, provides specific guidelines as to how chemical blood and breath test results are collected, analyzed and stored. Such issues as the training of the personnel and calibration and maintenance of the equipment are relevant. If strict observance of Title 17’s rules and regulations are not followed, the resultant BAC is brought into question.

Depending on the nature of the failure, the tests results may be subject to exclusion. Barring full exclusion, however, your Los Angeles DUI attorney may be successful in creating doubt as to the reliability of the BAC test results, which potentially may provide leverage for plea negotiations.

The Presence of Mouth Alcohol

The accuracy of a chemical test to determine your BAC depends largely on a measurement of deep lung air. The reason breath analysis provides a viable means to measure BAC is because alcohol that is circulating in the blood comes in contact with membranes in the lung tissue, evaporates and is forced out of the lungs through the breath during exhalation. Any alcohol present in the mouth will mix with the alcohol emanating from the lung air and can result in a falsely high BAC.

Included among the potential sources of mouth alcohol are:

• Gastroesophageal reflux, also known as GERD
• A substance ingested prior to the test
• Something in the mouth that has the potential to trap alcohol, such as dentures or bridges, mouth jewelry or food stuck in the teeth

A Medical Condition

If you suffer from diabetes or hypoglycemia, your body often turns to burning fat, instead of carbohydrates, to produce energy. A by-product of this process is a substance called ketones, which are chemically very similar to isopropyl alcohol. Isopropyl alcohol is similar to ethyl alcohol found in alcoholic beverages and chemical breath tests are not always reliable in distinguishing the two. Additionally, certain high protein/low carbohydrate diets and fasting have the potential to create the same effect.