Breath Testing in Long Beach, Matthew Ruff Esq.
Long Beach Police Department uses a very different machine for DUI
testing than other agencies in Los Angeles County. They can do this
because they have their own crime lab, whereas most other cities
use the LASD Crime Lab.
Arrested for a DUI in the Long Beach area? The breath test machine
used in Long Beach is manufactured by CMI and has been around
for many years. The breath testing process in Long Beach is
overseen by the Long Beach Police Department Crime Lab and they
have written the protocol for the administration of the breath test by
all officers. Anyone who has been charged with drunk driving in the
jurisdiction and blows into a breathalyzer will be subject to the
internal workings of this particular machine.
Breath testing in general is susceptible to many problems, namely
contamination by mouth alcohol, interfering substance issues such
as acetone, failure to properly follow the regulations including the
lack of a continuous observation period prior to administration of the
Call Matt Direct at 310-686-1533
The Intoxilyzer 5000 is notorious for giving false readings in a variety
of different circumstances. For example, the machine often confuses
the substance acetone with alcohol. Acetone is found in the mouths
of many people, particularly those with diabetes and blood sugar
maladies. In addition, our attorney has successfully gotten the
machine readings suppressed in a number of cases that involve
mouth alcohol and displays an "Invalid Test" situation. In at least two
cases in the last year the lawyer, Matthew Ruff, has obtained an
acquittal in criminal court and drivers license suspension set asides
in other cases where the Long Beach Police and/or the CHP has
hidden crucial evidence of breath testing improprieties involving this
machine. In one noteworthy case the jury disregarded a breath
reading of a sample with .10% and found our client not guilty due to
the police officer improperly using the machine and then trying to
hide his mistakes. In another case, the DMV in El Segundo threw
out a reading of a .13% when counsel proved that the machine may
have been reading mouth alcohol residue rather than true blood
alcohol. This result was possible even though a Forensic Alcohol
Supervisor from the Long Beach Crime Lab testified that the machine
was operating properly.
Modern day breath machines are touted as being reliable to
determine a DUI suspect's blood alcohol level. Because the
machines are used so frequently they have taken on an aura of
scientific reliability in the legal system that has fostered an
environment that sometimes overlooks mistakes and "minor"
deficiencies in the regulatory requirements. It is the job of the
Defense Attorney to find these deficiencies and expose them in order
to keep the system form becoming rubber stamp for law
Our intricate knowledge of the science principles behind breath
testing machines allows us to find the defect in your DUI case. Our
Long Beach driving cases in Long Beach and throughout Southern
California. Contact us today for a no-obligation case review of your
DUI arrest. Breath machines in DUI cases are not always reliable or
In addition to the Intoxilyzer 5000, we our very knowledgable about
other devices such as the Datamaster which is used in all Manhattan
Beach DUI cases, the ECIR which is used in Los Angeles city, and
all portable machines such as the PAS Alcosensor 4 used by the
Police department for El Segundo DUI charges.
The Datamaster is commonly used in Torrance and many of the
South bay cities and throughout Los Angeles County. Our attorneys
know the inner workings of the machine and how to beat it in Court.
Most driving while intoxicated cases will invariably involve a machine
that tests the breath of the arrested subject. In our experience, the
law will tolerate an attack on the machine if it can be demonstrated
that it was out of compliance or not accurate.
Call the Law Firm that FIGHTS the breath test and get a free
consultation. Matthew Ruff has 25 years experience fighting breath
machines. Matt knows how to get the breath test records and
accuracy check reports on the Long Beach Breathalyzer.