DUI lawyer in California discusses wrongful DUI arrests
Los Angeles, CA- When you are pulled over for suspicion of drunk driving, police rely on breathalyzers and their observations, but neither is infallible, and sometimes individuals are wrongfully charged with DUI. Wrongful DUI charges can also stem from prosecutorial overreach like the case of a California man who must fight DUI charges in court, even though tests revealed he only had caffeine in his bloodstream.
A DUI arrest for caffeine?
The Guardian reports that a California man will be heading to Solano County, California, court to challenge DUI charges from August of 2015. The man in question was pulled over after he was seen swerving and he cut off a police officer. He was accused of driving under the influence and taken to lockup even though a breathalyzer showed he wasn’t intoxicated.
While in jail, police drew blood from the man and tested it for a variety of drugs including marijuana, cocaine, heroin and others. No drugs or alcohol showed up in the man’s system. Fox News reports that another sample of the man’s blood was sent to a facility in Pennsylvania and toxicology tests once again showed he had no substances in his system.
Even with no substances in his system, prosecutors decided to pursue the case, and the man must challenge his charges in court. Prosecutors told the Guardian that the DUI charge is not of the caffeine in the man’s system, but they haven’t turned that evidence over to the defense.
This man’s case is a very rare prosecution since caffeine is not legally classified as a drug and some experts believe the case will result in a conviction. This case is also atypical in regards to wrongful DUI arrests because they are the result of flawed testing methods.
Typical reasons for wrongful DUI arrests
Inaccurate breathalyzers- Breathalyzers measure the amount of alcohol in a person’s system by determining the number of alcohol molecules in a person’s breath. Breathalyzers are generally accurate, but they aren’t foolproof and can give inaccurate readings if the devices aren’t calibrated correctly, or an officer doesn’t know how to use them correctly.
Medical conditions- Diabetes and hypoglycemia are medical conditions that can yield inaccurate breathalyzer results. Both conditions affect the amount of sugar in a person’s bloodstream and can put them in a state referred to as ketoacidosis. Ketoacidosis causes a sufferer of those conditions to create acetone which registers as alcohol molecules in breathalyzer tests. If a person is in a state of ketoacidosis, they can give positive results in breath test even when they haven’t had anything to drink.
Digestive problems- Acid reflux and other digestive issues can also result in a wrongful DUI arrest. When a person suffers from severe digestive problems, they create acid in their stomachs which escape into their esophagus and mouth. This air can register as intoxication.
If you have been wrongfully charged with impaired driving, USAttorneys recommends you speak with a defense expert. Let us connect you with a DUI lawyer near you in California to work on your defense and help you avoid a conviction.
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