Have you been charged with a DUI? If so, you might feel discouraged. Some individuals mistakenly think that a DUI charge will eventually lead to a conviction. This is why some individuals enter guilty pleas. Perhaps you took the breath test and feel like that means you are doomed. There are a variety of things that can negatively impact the outcome of breath test results. Some of these things can be used to create reasonable doubt.
The following points represent ways to legally challenge breath test results.
Faulty Machine Calibration
Breath machines have to get calibrated. Sometimes the machines do not get calibrated according to schedule. It is also possible for the machines to get calibrated by staff members who are not properly trained. Getting calibration information could aid in creating reasonable doubt about the accuracy of the readings.
Some individuals have breathing patterns that are not regular. Their abnormal breathing could negatively impact test results. If a blood sample was not given to confirm test results, it is possible to use this information as a potential reason the results were over the limit.
The weather at the time of the incident could be used as a potential reason the results were elevated. Alcohol breath test machines or even the person taking the test could be affected by the weather at the time the test is administered. A key component to this approach is the temperature at the time of test administration.
Existing Medical Conditions
This approach can only be used if you have medical records to prove that you have certain conditions. Diabetics can get false readings. This is because their breath and mouth can contain acetone. Some diabetics may even smell like alcohol because of their condition. Another health condition that can produce false reading is acid reflux. Individuals who experience frequent heartburn or have been diagnosed with acid reflux could be innocent and fail a breath test. When the stomach acid comes up, it produces alcohol in the mouth.
A DUI law attorney is a good resource to use to understand appropriate defenses against DUI charges. They will know additional ways to challenge the results and could get the charges dismissed or reduced. The average person cannot defend themselves in court against a DUI even if they know things that can cause faulty breath test readings. Attorneys also know what typically happens in their jurisdiction when individuals get DUI charges.Share