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Was Your DUI Affected by an Inherent Error Rate in San Ramon?

Was Your DUI Affected by an Inherent Error Rate in San Ramon?

Considered one of the more affluent cities in Contra Costa County, San Ramon is located about 34 miles east of San Francisco in the San Ramon Valley. San Ramon is the fourth largest city in Contra Costa County, and has been ranked as both the richest city in the nation as well as the safest large city with a population over 60,000 in California. San Ramon headquarters such industry giants as Chevron, AT&T, 24-Hour Fitness Centers, and GE’s Global Software Center. San Ramon is flanked by Mount Diablo and bordered by the Las Trampas Regional Wilderness to the northwest, and Bishop Ranch Regional Preserve to the west.

If you are a resident of San Ramon, you may have stopped by ShBoom on San Ramon Valley Blvd. ShBoom is a bar and nightclub which features theme nights, a dance floor with throwback disco lighting and a wide variety of mixed drinks, beer and wine. Perhaps you have experienced what is often known as one of the best Bloody Mary’s in the city at Crown Billiards—a relaxing pool venue with a full bar, tournament nights and a great jukebox.

You may have your own place you go after a day at work, or on the weekends to relax with friends. Wherever you choose to relieve stress and enjoy time with friends, your relaxation time can end on a jarring note if you find yourself being pulled over for DUI. Immediately contact an experienced San Ramon DUI attorney who can begin building a defense on your behalf as soon as possible.

Potential Problems with California DUI Chemical Tests

In almost all California DUI cases, the primary evidentiary tools include some type of blood alcohol testing device. Like any type of scientific equipment, there is always some margin of error inherent in the procedure and/or the equipment. The margin of error in blood tests and breathalyzer tests is the source of significant litigation in California and across the United States. California is one of at least 18 states which find evidence of testing device errors is admissible at trial, and may provide reasonable doubt.

Poor Maintenance & Calibration

Regarding a Breathalyzer machine, even if you were to assume maintenance and calibration of the machine was absolutely perfect, the test was administered precisely, and no background or physiological factors exist in the subject which would lead to false results, an inherent error rate still exists of +/- .02 percent. When you take into account that Breathalyzer machines are rarely maintained regularly or calibrated perfectly, that police officers rarely administer the test precisely, and that there are almost always physiological or background factors in the subject, you can see that the error rate of the machine could be much, much higher.

Rising Blood Alcohol Levels

In addition, rising blood alcohol could result in a high BAC at the police station, 30 minutes, 40 minutes, even as long as 2 hours after you were actually pulled over. Rising blood alcohol is a factor if you were pulled over almost immediately after leaving a bar, and you drank alcohol immediately before leaving. Since it can take from 30 minutes to 2 hours for the alcohol to fully absorb into the bloodstream, you might not actually be impaired while driving—but two hours later you could test over the legal limit when you take a Breathalyzer test.

Radio Interference

Your Breathalyzer test could also be altered by radio frequency interference, which can alter the results of almost any DUI breath or blood testing device by disturbing the electronic circuitry of the breath testing device, creating a false BAC reading. If you have been charged with DUI, speak to a knowledgeable San Ramon DUI attorney quickly, in order to minimize the consequences of your charges.

Discuss Your Case for Free with a Seasoned DUI Attorney

If you’re interested in knowledgeable, experienced DUI defense that gets results, contact the Law Office of Nabiel C. Ahmed today. Our firm serves clients all over the East Bay and Contra Costa County from our offices in Oakland. We provide free consultations in office, over the phone, or in jail if you’re detained. Call (510) 907-6600 or fill out a short online form today.

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