Her Opinion says that lawmakers have determined Breathalyzer-type tests to be fundamentally reliable as evidence in court and should not be questioned in court. Defense experts are still permitted to question the calibration and use of specific machines used in a particular case.
The defense bar is certain to challenge the ruling in federal court.
Some challenges to the breath test are still fair game. Diabetes is still a factor affecting breath tests since Diabetics are creating non ethyl substances that are showing as false positives on breath tests. Additionally, temperature of the suspect is also an issue still available to the defense.
If you have been arrested for DUI and have questions about your case call The Law Office of John A. Campanella at 916 498-8460.