Are you looking for ways to challenge a breathalyzer in order to stay safe? If so, you’re not alone. Breathalyzers are widely used by law enforcement and employers to detect alcohol in a person’s system. However, there are several ways to challenge the accuracy of a breathalyzer machine or even beat the system altogether. For more questions about how a breathalyzer can affect your DUI charge, contact an experienced Illinois DUI defense lawyer today
The Accuracy of Breathalyzers
Before exploring ways to challenge a breathalyzer, it’s important to understand the potential inaccuracies of these devices. Breathalyzers measure Blood Alcohol Content (BAC) by analyzing the amount of alcohol on a person’s breath. While this is an accurate method for measuring BAC, factors like mouthwash, dental hygiene, and even medical conditions can throw off the accuracy of a breathalyzer.
Generally, the accepted blood alcohol concentration level in a person’s system is 0.08% and the margin of error with breathalyzers is 0.02%. Therefore, if the breathalyzer reads 0.1%, then 0.08% could be a false positive result depending on the accuracy of the device and the circumstances.
As drunk driving is one of the leading causes of traffic-related deaths in the United States, understanding the accuracy of breathalyzers is essential to staying safe.
With a breathalyzer device, a breath test can be conducted to determine field sobriety. If an individual refuses to take the breath test, they can be charged with a DUI/DWI and sentenced to jail time.
Why Challenge a Breathalyzer Test as Evidence of Intoxication?
Challenging a breathalyzer test is beneficial for anyone who has ever been accused of operating under the influence. Breathalyzers are considered scientific evidence in court and, if the results are inaccurate, they can be used to dismiss charges of DUI/DWI or any other charge related to being under the influence of alcohol.
Furthermore, challenging a breathalyzer test can help protect your freedom and keep you safe. Without scientific evidence, it’s much more difficult for law enforcement to convict someone. For example, if a breathalyzer test says you’re intoxicated, but there is no other evidence to back up the claim, it may be deemed inadmissible in court.
FAQ: What are the penalties for a first time DUI in Illinois?
Lastly, challenging a breathalyzer test can provide peace of mind. Knowing that you’re in the clear and not facing any legal penalties is an invaluable feeling. In other words, challenging a breathalyzer test is about more than just staying safe, it’s also about protecting your rights.
Ways Your Defense Attorney Can Challenge Your Breathalyzer Results
It is essential to realize that challenging a breathalyzer is not something that an individual can do on their own. The most successful way to challenge a breathalyzer is by enlisting the help of a skilled defense attorney. Here are some ways your defense attorney can challenge your breathalyzer results:
1. You Have a Medical Condition
Certain medical conditions, such as diabetes or acid reflux, can create false positives on a breathalyzer. If you have an underlying health condition that could affect the accuracy of a breathalyzer, your defense lawyer can use this as part of your defense. In addition to this, other medical issues, such as asthma, can also distort readings.
2. You Don’t Meet the Required Protocols
Law enforcement must follow strict guidelines when administering a breathalyzer test. If any of these protocols are not properly followed, your attorney can use this as a defense against the results. For example, if the officer administering the test failed to observe you for 20 minutes before testing, this could be used as part of your defense.
3. The Breathalyzer Was Not Properly Maintained
In order for a breathalyzer to be reliable, it must be properly maintained. If your attorney can prove that the breathalyzer used was not calibrated or serviced in accordance with state regulations, they could use this to challenge the results.
4. You Used Mouthwash Before Testing
Certain types of mouthwash contain alcohol, which can produce a false positive on a breathalyzer test. If your attorney can prove that you used a mouthwash, they could use this to challenge the results.
5. You Were Not Informed of Your Rights
If an officer smells the odor of alcohol on a driver and has evidence of heavy drinking, they may pursue criminal charges. However, any evidence obtained from an illegal search of a vehicle or person may be thrown out due to the lack of a valid search warrant. Furthermore, any breathalyzer results may be challenged if the driver was not informed of their rights at the time of the arrest. In such cases, an experienced defense attorney can work to protect the driver's rights and driving record.
6. Lack of Reasonable Suspicion or Probable Cause
The last way your attorney can challenge a breathalyzer test is by proving that there was no probable cause or reasonable suspicion to administer the test in the first place. Probable cause means that there was some evidence or facts that gave law enforcement officers a reason to believe that you were. intoxicated. If your attorney can prove that there was no probable cause or reasonable suspicion, the results of your breathalyzer test may be inadmissible.
7. The Arresting Officer Administered the Test Improperly
In some cases, an arresting officer may not properly administer a breathalyzer test, perhaps due to improper calibration or false reading depending on the breath testing machine. What this means is that the test may have been administered incorrectly or not in accordance with the state guidelines. If your attorney can prove that the officer did not correctly administer the test, it could be used to challenge the results.
We're Here to Fight for You!
While challenging a breathalyzer test may be demanding, it is still important to understand the options you have available. By knowing how to challenge a breathalyzer test, you can protect yourself and your rights should you ever find yourself in this situation. Be sure to enlist the help of an experienced defense attorney if you ever find yourself in a legal battle with breathalyzer results.
At DUI Lawyers 24/7, we are dedicated to providing you with the legal help and advice you need. Our experienced attorneys have extensive experience in challenging breathalyzer results, so you can rest assured that your case is in good hands.
Contact us today to learn more about how we can help you fight your breathalyzer charges!