San Diego Drunk Driving Specialist Rick Mueller is the Top-Rated San Diego County Drunk Driving, DUI & DMV Defense attorney with over 22 years of DUI experience.

San Diego DUI Specialist Rick Mueller is the Top-Rated San Diego County Drunk Driving, DUI & DMV Defense attorney with over 22 years of experience.

San Diego DUI Lawyer - San Diego Attorney Drunk Driving / San Diego DWI Lawyer can help you beat the San Diego DUI officer and San Diego drunk driving charge: http://www.SanDiegoDUIhelp.com .

San Diego DUI Lawyer Rick Mueller, a San Diego Drunk Driving / DWI Defense Attorney handling San Diego California DUI & DMV cases, explains how a San Diego DUI Lawyer or DUI Attorney in San Diego may help you.

San Diego DUI Lawyer - San Diego Attorney Drunk Driving / San Diego DWI Lawyer Rick Mueller answers common San Diego DUI and San Diego DUI arrest questions.

San Diego DUI Lawyer - San Diego Attorney Drunk Driving / San Diego DWI Lawyer can help you beat the charge: http://www.SanDiegoDUIhelp.com . Little things like ability to observe.

San Diego DUI Lawyer Rick Mueller, a San Diego Drunk Driving / DWI Defense Attorney handling San Diego California DUI & DMV cases, shows how a San Diego DUI Lawyer will help you beat the San Diego drunk driving case. http://www.SanDiegoDUI.com

San Diego DUI Lawyer Rick Mueller, a San Diego Drunk Driving / DWI Defense Attorney handling San Diego California DUI & DMV cases, is asked San Diego DUI questions by other attorneys.

San Diego DUI Lawyer - San Diego Attorney Drunk Driving / San Diego DWI Lawyer can help you beat the San Diego drunk driving charge: http://www.SanDiegoDUIhelp.com .

San Diego DUI Lawyer Rick Mueller, a San Diego Drunk Driving / DWI Defense Attorney handling San Diego California DUI & DMV cases, explains how a San Diego DUI Lawyer may help you.

San Diego DUI Lawyer - San Diego Attorney Drunk Driving / San Diego DWI Lawyer Rick Mueller answers common San Diego DUI questions.

San Diego DUI Lawyer - San Diego Attorney Drunk Driving / San Diego DWI Lawyer can help you beat the charge: http://www.SanDiegoDUIhelp.com .

San Diego DUI Lawyer Rick Mueller, a San Diego Drunk Driving / DWI Defense Attorney handling San Diego California DUI & DMV cases, shows how a San Diego DUI Lawyer will help you. http://www.SanDiegoDUI.com

Known as the "DMV Guru," Rick Mueller dedicates 100% of his law practice to aggressively defending those accused of driving under the influence of alcohol. He has successfully saved the driving privileges of many clients in the past year alone. http://www.sandiegoduilawyer.com/

Complete the important Free San Diego County Drunk Driving Defense Survey to find out your best strategy and to protect your driving privileges in California.
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San Diego DUI Lawyer Rick Mueller, a San Diego Drunk Driving / DWI Defense Attorney handling San Diego California DUI & DMV cases, is asked:

How reliable are San Diego DUI breath tests?

Most San Diegans suspected of violating the San Diego DUI law are given San Diego breath tests to determine their blood-alcohol concentration (BAC). The San Diego DUI breath machine will take a small sample of the suspect’s breath and estimate how much alcohol is in it -- and, then, estimate how much may be in the blood.

Are these San Diego DUI machines so reliable and accurate that we have permitted them to become judge and jury and to determine guilt beyond a reasonable doubt in a San Diego DUI court?

Ignoring the flaws of the San Diego DUI machines, scientists universally recognize an inherent error in breath analysis, of plus or minus .01%. If everything is working perfectly, a .13% breath machine test result can be anywhere from .12% to .14%. This has been understood by reasonable courts (see People v. Campos, 138 Cal.Rptr. 366 (California); Haynes v. Department of Public Safety, 865 P.2d 753 (Alaska); State v. Boehmer, 613 P.2d 916 (Hawaii), recognizing an even larger .0165% inherent error).

What about the accuracy of the San Diego DUI breathalyzers? A result of .10%. Taking inherent error into consideration -- and assuming the machine was working perfectly, the officer administers the test correctly, and the suspect’s physiology is normal and average -- the true BAC could be from .09% to .11%. The BAC can be 10% in either direction -- or anywhere within a 20% margin of error.

These San Diego DUI machines have a 20% margin of error? Really?

Yes. A San Diegan accused of driving with over .08% BAC can be convicted by a machine whith a built-in 20% margin of error. Would you be comfortable with a San Diego-bound airline pilot who worked with a 20% range of error? With a San Diego bank teller who gave you $90 cash for a $100 check? How about the sole evidence in a San Diego criminal case where guilt must be proven beyond a reasonable doubt?

San Diego, California's DUI requirements are - to be admissible in court - there must be two San Diego test results that are within .02% of one another.

What does that mean to the San Diego person suspected of a San Diego DUI? You breathe into the San Diego DUI machine and it produces a .10% reading. You are now required to breathe into the San Diego DUI machine a second time. What San Diego DUI test result would be necessary for the evidence to be considered acceptably accurate and legally admissible? .08? .09? 10? .11? .12? Any of these readings would satisfy the .02% requirement: anything from .08% to .12% would render the San Diego DUI test results "accurate".

A 40% range of error in that second San Diego DUI test is deemed sufficiently accurate to sustain the prosecution's burden of proof "beyond a reasonable doubt".

Close enough...in a San Diego DUI case.