Challenging The Breathalyzer Results In Your DUI Case
Posted on: 25 March 2015
Most people simply assume that failing a breathalyzer test is damning evidence that cannot be overcome in court. After all, a failed breathalyzer test is conclusive evidence that you were legally impaired at the time of your DUI arrest, right? Not necessarily--in fact, challenging the results of this test can be one of the most effective ways to have the charges against you dropped or to secure an acquittal when taking your case to trial. Below you will learn more about the ways a criminal defense attorney, like Druyon Law, may choose to challenge the results of your breathalyzer test.
Proper Protocol Was Not Observed
While proper protocol for administering a breathalyzer test will vary from state to state, all states will have rules and regulations in place for how this test must be administered in order to ensure an accurate outcome. For instance, in the State of California, law enforcement officials are required to closely observe the suspect for a period of 15 minutes prior to administering the breathalyzer. If the suspect belches or vomits during this time, the waiting period must start over in order to ensure accurate results. In the event that this protocol is not followed, the resulting evidence can be declared inadmissible in court.
Mouth Alcohol Interfered With Results
A breathalyzer test is designed to test alveolar air. This is the air that comes from the deepest section of your lungs. In order for the test to be accurate, it is important to ensure that the alcohol level being detected is in fact from this alveolar air and not from residual alcohol that is present in the mouth. The problem is, there are several different ways in which the test results can be interfered with as a result of mouth alcohol.
Vomiting, belching, acid reflux, and recent ingestion can all impact the level of alcohol in the mouth. Since issues such as acid reflux and gas can be quite common in people who have recently consumed alcohol, it is often difficult to determine just how accurate the results of a breathalyzer test are. This is precisely why many states have instituted observation periods before a breathalyzer can be administered.
If you believe that the results of your breathalyzer test were inaccurate due to the presence of mouth alcohol, your defense attorney may be able to have the test ruled inadmissible by presenting evidence to the court regarding any digestive issues that may have interfered with the test results.
Just A Reminder
Challenging the results of a breathalyzer test is just one of the many defense strategies that a qualified attorney will likely use to achieve success in your case. Consequently, even if the facts of your case do not lend themselves to this particular strategy, there is no reason to give up. Instead, be sure to contact a reputable DUI attorney in your local area as soon as possible so that you can begin exploring the other defense strategies that may be available to you.
Share