In the California Supreme Court, it was ruled that people who got a DUI and were given roadside BAC breathalyzer tests can now question the accuracy of the tests.
The vote for the decision in the court was virtually unanimous and was done Thursday. They had ruled that the tests from these road side breathalyzers do not have consistent results. They tests vary from person to person, and can mean huge differences for people who got a DUI in California.
Tests from the Breathalyzer can have varying results, even on the same individual. The breathalyzer device requires the person who is convicted of a DUI to blow into the device. It then uses a formula to arrive at the BAC for the DUI suspect. Because the device is not accurate like a blood test, people are now able to question the reliability of breathalyzers.