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California Supreme Court

Jul. 10, 2009

Justices Rule Breathalyzer Results Can Be Challenged

Defendants charged with driving under the influence can attack the scientific reliability of Breathalyzer test results in certain circumstances, the California Supreme Court ruled Thursday.

By Laura Ernde
Daily Journal Staff Writer

Defendants charged with driving under the influence can attack the scientific reliability of Breathalyzer test results in certain circumstances, the California Supreme Court ruled Thursday.

Experts have long recognized that blood-alcohol content as calculated by a breath test can vary from person to person and even within one individual depending on factors such as gender, height and lung capacity.

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