Breath Test

The breath test is by far the most common "test" given to those arrested for DUI in San Diego, California. Here are the easiest ways to defeat the breath test:

(01) No Continuous observation for entire 15 minutes before first breath sample.

Many Officers will attempt to include transportation time as part of required observation period, but if he goes to his trunk and/or walks around before removing you from police car, or you were left alone at anytime prior to taking the test this should not be counted in the 15 minutes.

(02) You burp, belch or regurgitate within 15 minutes of the first breath sample.

(03) Your Health.

Asthma, Bridgework, Bronchitis, Chronic Obstructive Pulmonary Disease, dentures, Emphysema, Gastric Reflux, gum disease, Gingivitis, Hernia, Irritated Bowel Syndrome (diagnosed and treated before date of arrest).

(04) Your behavior does not match test results.

This must be shown by a neutral independent witnesses.

(05) Breath test room Interference.

Radio Frequency Interference from a cell phone, radio, or other equipment may cause the breath machine to give artificially high reading. In addition a shared power supply with heater or other appliance.

(06) Recent exposure to volatile fumes.

Lacquer, gasoline, paint, dry cleaning fluids with cumulative reading can cause an elevated result.

(07) Air bag.

"The Tyndall effect." A gas propellant is used to deploy your air bag. This can cause diffusion of light in the breath machine therefore causing an elvated result.

(08) Something in mouth containing alcohol.

Breath Drops with alcohol, Snuff, etc.

(09) Improper or out of agreement tests.

To be valid a breath machine result must have two test where both results are within 0.02% of each other.

(10) Officer refuses to permit your request for a second, independent test.

(11) Elevated Temperature.

Fever, hot tub, sauna, detention in hot sun or back of patrol car in summer, dancing, menstrual cycle can all cause your body temperature to exceed the "norm" as set in the machine.

(12) Irregular blowing pattern.

Crying can cause a water vapor problem.

(13) Results not obtained within 3 hours.

The law requires that the government prove the test was taken withing 3 hours of the driving.

(14) Alcohol consumed after driving.