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Courtesy of GreenvilleOnline.com
SAN FRANCISCO (AP) — The California Supreme Court has acknowledged that Breathalyzer results mean different things for different drivers.
The unanimous high-court decision issued Thursday means suspected drunken drivers can attack the accuracy of roadside breath test results in some cases.
Studies have shown the breath-to-blood ratio varies widely among different people and even in the same person depending on such factors as health, menstrual cycle and even the weather.
The one-size-fits-all tests determine the amount of alcohol in the breath and then, using a scientific formula, converts that figure into an estimation of alcohol in the blood.
Lawyers say juries in several other states already are allowed to consider the test's variability.
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Those charged have the right at all times to decline field sobriety tests. Refusal to take field sobriety tests does not constitute disobeying a police command and is considered a valid exercise of constitutional rights.
Attorney Steve W. Sumner Charleston Post Courier
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