How a Lawyer Can Help You Challenge DUI Breath Tests

Facing a DUI charge can be one of the most stressful experiences in your life, especially when breath test results seem to stack the odds against you. These tests, often considered reliable by law enforcement, are crucial in determining intoxication levels. However, it’s essential to understand that their accuracy is not always absolute.

A skilled lawyer can uncover flaws in these tests and build a strong defense on your behalf. For example, they might explore some common breath test defenses, such as improper calibration of the testing device or external factors that could have skewed the results.

In this guide, we’ll explore how a lawyer can help you challenge DUI breath tests and thoroughly examine every aspect of your case.

Understanding Breath Tests and Their Limitations

Before we explore how a lawyer can challenge breath test results, we must understand the basics of these tests and their potential limitations. A breath test is designed to measure the concentration of alcohol in your breath as an indication of your blood alcohol content (BAC). They convert this measurement into an estimated BAC level for legal purposes.

However, several factors can affect the accuracy of these tests, including:

• Improper calibration or maintenance of the testing device.
• Medical conditions that could impact the results.
• The presence of certain substances in your mouth or body that may produce a false reading.
• Operator error during the administration of the test.

It’s important to note that breath tests are not always foolproof and can produce erroneous results. Therefore, it’s crucial to have a lawyer review the details of your case and determine if there are any grounds for challenging these results.

How a Lawyer Can Challenge Breath Test Results

A lawyer can employ various strategies to challenge the validity of breath test results. Some common approaches include:

Investigating Equipment Calibration and Maintenance

One of the most effective ways to challenge breath test results is by examining the calibration and maintenance records of the testing device. The law requires these devices to be checked regularly for accuracy, and if they are not properly calibrated or maintained, it could affect the reliability of the results.

Your lawyer can request these records from law enforcement agencies and scrutinize them for any discrepancies that could cast doubts on the accuracy of your breath test results.

Examining Medical Conditions

Certain medical conditions, such as acid reflux or diabetes, can impact the accuracy of breath test results. These conditions may produce chemicals in your body that can affect the readings, resulting in a falsely high BAC level. 

Your lawyer can review your medical history and consult with medical experts to determine if any underlying conditions could have influenced the breath test results.

Challenging External Factors

External factors such as mouth alcohol or residual substances from certain foods or drinks can influence breath test results. For example, consuming alcohol-based mouthwash before taking the test could produce a higher BAC reading than what is present in your system. 

In these cases, your lawyer can argue that the results do not accurately reflect your BAC level while driving and request alternative testing methods.

Using Expert Witnesses

Sometimes, a lawyer may bring in expert witnesses to testify on the limitations and potential errors of breath tests. These experts include toxicologists, medical professionals, or engineers specializing in breath testing equipment. Their testimony can help cast doubt on the reliability of the breath test results and strengthen your defense against DUI charges.

Building a Strong Defense with the Help of a Skilled Lawyer

Facing a DUI charge does not automatically mean a conviction. With the help of a skilled lawyer, you have a chance at challenging breath test results and protecting your rights. An experienced lawyer will review all aspects of your case and use their knowledge and resources to build a strong defense on your behalf.

From investigating potential errors in the breath test to utilizing expert witnesses, a lawyer can help you navigate the complexities of the legal system and fight for a favorable outcome.