Defendants Can’t Challenge Reliabability of Breathalyzers

Home » Firm News » Defendants Can’t Challenge Reliabability of Breathalyzers

Defendants Can’t Challenge Reliabability of Breathalyzers

Vangelder case out of San Diego affects DUI defenses.

The ruling of the Vangelder case is still making me shake my head.  How can a group of judges make a scientific determination that machines police use is reliable and cannot be questioned?  Can the courts not allow argument that there might be reliability issues in anti lock brakes, X-ray machines, etc?  The science of finding your alcohol content from a sample of your air I believe is open for scrutiny.   

State Supreme Court Upholds Ruling in DUI Case

San Diego, CA.  Nov. 25 — The California Supreme Court has upheld a San Diego County man’s drunken-driving conviction, ruling that DUI suspects may not call expert witnesses to challenge the overall reliability of breath-alcohol tests.

The opinion, authored by Chief Justice Tani Cantil-Sakauye, says lawmakers have determined Breathlyzer-type tests to be fundamentally reliable as evidence in court, and that they shouldn’t be questioned in court. However, expert defense witnesses are permitted to question the calibration and use of specific machines used in a particular case.

The defendant, Terry Vangelder, was arrested by a California Highway Patrol officer for driving 125 mph on state Route 163 in 2007. He told officers he had two to three glasses of wine with dinner, according to the court document.  A handheld device calibrated his blood- alcohol content to be 0.095 percent and 0.086 percent. At the police station, an Intoximeter test showed readings of 0.08 — the minimum amount to be considered legally drunk in California.

At trial, the judge struck the testimony of a doctor who said that such instruments are scientifically flawed in accurately testing alcohol amounts in the body.  
The jury found Vangelder guilty of DUI based on the 0.08 result.

The state 4th District Court of Appeal reversed that verdict and ordered a new trial, but the San Diego City Attorney’s Office appealed to the higher court.

City Attorney Jan Goldsmith called the opinion, filed Thursday, another “victory in the war” against drunken driving…

Charles Sevilla, Vangelder’s attorney, said Friday the panel’s opinion was disappointing.

“This seems to be an extraordinary ruling, and we may have to test that in federal courts,” Sevilla said.

I believe the issue is not resolved.  In the meantime, I cannot stress to take the blood test if required.  See why.

Hire a Proactive, affordable, and quality defense when you are facing San Diego DUI charges.  Whether you have been charged of a San Diego DUI, Poway DUI, La Mesa DUI, Santee DUI, Mission Valley DUI, Clairemont DUI, Point Loma DUI, La Jolla DUI, Carmel Valley DUI, Mira Mesa DUI, Pacific Beach DUI, Del Mar DUI, Carmel Valley DUI, Encinitas DUI, Oceanside DUI, Ocean Beach DUI, Escondido DUI, Vista DUI, San Marcos DUI, Carlsbad DUI, El Cajon DUI it is vital you need to hire an attorney who knows how to defend your rights and can determine if the government can prove their case.  Contact the Law Office of Mark Deniz now for a free case evaluation at (858) 751-4384 or send an email to [email protected]