If you take a breath test at a DUI stop and see the results put you over the legal blood alcohol limit, you may feel your case is over and done. However, you should not give up just because your breath test results were above 0.08% BAC. There are still numerous ways to challenge these results and ultimately have your case reduced or dismissed, or for you to be acquitted.
1. Improper Administration of the Test
Police officers who administer breath tests must be properly trained and use the device correctly during the investigation. If they don’t, the results are not entirely reliable.
Your defense attorney may look into the arresting officer’s training background and the specifics of how they administered the breathalyzer test to find any weaknesses that could have affected the results.
2. Inaccurate Device
Did you know that there are legal requirements for how often breathalyzer machines must be checked for accuracy? In Illinois, the law requires breath test machines to be checked at least every 62 days. If the 62-day limit passes, the results obtained on the unchecked device may be suppressed or deemed unreliable.
DUI defense attorneys can obtain records of accuracy checks and calibration to show that the breathalyzer was not properly maintained.
3. Factors Unique To The Driver
The driver’s physical attributes and recent behaviors may affect the reliability of the breath test results. For example, some medical conditions like acid reflux and diabetes can cause an individual’s BAC test result to be higher than their actual BAC. Additionally, if the driver recently burped or vomited, this could affect their BAC test results for about 20 minutes after the fact!
Creative DUI Defense in Chicago
If you were charged with DUI after a failed breath test, contact us at The Toney Law Firm, LLC. We have successfully handled countless cases for clients who appeared to be over the legal BAC limit at the time of their arrest. We have the knowledge and experience needed to obtain the best possible outcome for your DUI case. Learn more about us and share the details of your case during an initial case consultation; click here to get started.