The Best Ways To Challenge Breathalyzer Tests In DUI Cases

If you are charged with DUI, the results of a test using a breathalyzer are one of the most important pieces of evidence. However, breathalyzer tests can be challenged by a DUI lawyer in Chandler, AZ. Breathalyzers can be unreliable for a variety of reasons, including malfunctioning machines, improper administration, and medical conditions. Understanding the potential weaknesses of breathalyzer tests can make a difference to your case.

  1. Machine Problems Or Calibration Issues

Breathalyzers can be sensitive instruments and require regular maintenance. If the breathalyzer you used was not properly maintained or had a previous history of malfunctions, then the results might not be reliable. Each device needs to be maintained in accordance with strict guidelines. Records of all calibrations should also be kept.

A DUI lawyer from Chandler, AZ, may request maintenance logs for the machine to determine if it was working properly at the time of arrest. Your attorney may be able to argue that if it is discovered that the breathalyzer has been out of date for calibration or that there have been previous errors in the past, the results are invalid.

  • Unsuitable Administration Of The Test

Even if the machine operates properly, the breathalyzer tests must be administered correctly by a trained official. Several factors could affect the accuracy of the results. If the officer did not observe you 15 to 20 minutes before administering your test (to be sure that you didn’t drink, eat, or vomit), the accuracy of test results could be compromised.

An attorney investigates the arresting officer’s actions to ensure that the test was properly administered. An attorney will investigate the procedures followed during your arrest to see if the officer administered the test properly.

  • Residual Mouth Alcohol

A breathalyzer will measure the amount of alcohol in your lungs. Also known as “alveolar” or deep pulmonary air, a breathalyzer will measure this air. If you are still consuming alcohol at the time of your test, then the machine could pick that up, giving an artificially higher reading. This could happen if, prior to the test, you used mouthwash, had a drink, or even burped.

Your lawyer may challenge the breathalyzer’s results by showing the residual alcohol in the mouth contributed to your elevated BAC and not alcohol in the bloodstream.

  • The Time Between Driving And Testing

The level of alcohol fluctuates in your blood over time. Your BAC may rise after stopping driving, especially if drinking alcohol occurred shortly before you began driving. This phenomenon can be referred to as the rising defense.

A DUI lawyer may claim that if a long delay occurred between the time of your arrest and the administration of the breathalyzer, you may have had a BAC below the legal limits when driving. By the point the test was performed, your BAC level could have risen, causing an inaccurate assessment of your driving situation.

  • Dietary Factors

Some diets may affect the results of a breathalyzer. Intermittent fasters or people on low-carbohydrate dieting may have elevated ketone concentrations in their breath. Ketones look similar to isopropyl, and some breathalyzers mistake them for ethyl.

If you had been on a special diet or were fasting for some time, your lawyer could claim that the breathalyzer results were compromised by ketones present in your breath. This would lead to an incorrect BAC reading.

  • Contesting The Officer’s Observations

DUI cases depend on more than just breathalyzers. They also rely heavily on the officer who arrested you and his observations of your behavior. The officer could claim that your behavior was indicative of intoxication. For example, slurred language or a smell of alcohol. These observations, however, are subjective. Many other factors can explain the behavior. Fatigue, stress illness, or allergies can mimic symptoms of intoxication.

Conclusion

In DUI cases, Breathalyzers are commonly seen as definitive proof of alcohol intoxication. However, as you can see from the list below, they are not always accurate. A skilled DUI attorney may identify many methods to contest the findings, including as malfunctioning equipment, incorrect test administration, and medical concerns. You can protect your rights and get a favorable result in your case by exploring the defense strategies if you’ve been accused of DUI in Chandler, AZ. 

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