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Many people think that once they have failed a breath test, there is no chance of defending the charges. But, breath tests are far from infallible, and can be influenced by: weather; the testing officer; and your own physiology and even if you did have something to drink, the test could inaccurately reflect how much alcohol is in your system.

Breath tests have an "acceptable" margin of error of .02% and while this number sounds small, it can actually be a significant factor. Breath tests are only accurate if you haven't had a drink within two hours. If you have then the breath test can register a higher-than-accurate result. The officer must watch you continuously for 15 minutes before administering the test to make sure that nothing occurs to contribute to a false-positive readings. Your health, medicine, and even the weather can affect a breath test.

Your Orange County DUI attorney is well versed in these requirements.