Credibility of Breathalyzer Test Questioned at Trial – Vomit Caused by Cheese Snack, Claims Defense  

By Destiny Gurrola 

MODESTO, CA – Defense Attorney James Dunn questioned the credibility of breathalyzers that are standard practice in driving under the influence case, charging in a trial here last Friday in Stanislaus County Superior Court the tests hurts his client’s pursuit of innocence.

The prosecution said the accused was found on the side of the road in his parked car, covered in vomit, with a blood alcohol level above that of the legal amount.

In response, the defense argues the prosecution is simply acting on assumptions and not on evidence which he solidifies by quoting the prosecution saying, “I have to assume.”

It is then argued by attorney Dunn the vomit found on the accused was a result of a large amount of consumption of nacho cheese Doritos. 

It is at this point in the trial that attorney Dunn questioned the credibility of the use of breathalyzers being used being, and that they have been noted previously in similar cases.

According to attorney Dunn, initially the accused “blew” a .09 but then shortly after, blew a 1.0 which, he said, is a recurring issue because the absorption of alcohol in the system affects the results of breathalyzers and can criminalize the innocent. 

Dunn told the jury there are multiple published journals pointing to the inaccuracy of the breathalyzer test that is used by police officers, and shown in court. 

The jury’s decision is not yet available.

About The Author

The Vanguard Court Watch operates in Yolo, Sacramento and Sacramento Counties with a mission to monitor and report on court cases. Anyone interested in interning at the Courthouse or volunteering to monitor cases should contact the Vanguard at info(at)davisvanguard(dot)org - please email info(at)davisvanguard(dot)org if you find inaccuracies in this report.

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1 Comment

  1. Michele Chadwick

    If the accused was parked and not driving then it is possible that the absorption and digestion of the alcohol could raise his levels beyond the legal limit after they stopped driving. I’d be curious to read some of these articles about the credibility of the tool and whether a timeline could be extracted based on average absorption rates.

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