breathalyzer test defense

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Breathalyzer Test 

If you have been charged with DWI or DUI based on a reading of the Intoxilyzer 5000 or breath test, you may be able to mount a defense. Even under perfect testing conditions, the results of breath and blood tests to measure blood alcohol (BAC) may be refuted.

Bear in mind you are entitled to a competent and effective legal defense. We have the experience to challenge breath and blood tests. In some instances there are valid medical reasons why people fail breath tests. In borderline cases personal variations in how a person processes alcohol may be a factor. No matter what the test results say, you may be able to challenge them.

Was the blood test conducted correctly?

If your BAC was found to be .08% or above, there are some ways to fight the readings. It is surprising how often the test was administered incorrectly or by an untrained person, using faulty test equipment. The sample may show that there just is not the mandatory amount of preservative or anti-coagulant supply. If the volumes were not right to begin with, your sample may have resulted in an incorrect BAC reading. Keep in mind, all we have to do is create reasonable doubt.

What is calibration of the breath equipment?

The law mandates equipment be calibrated and maintained for accuracy. Additionally, the person administering the test must maintain a valid certificate. An effective defense may require getting our hands on the calibration and maintenance records, and then training schedules of the administering officer. In some cases, your medical condition or prescription medications may result in excessively high alcohol readings. We also search for mistakes the officer made regarding required observation periods, reading the rights and consequences of consenting to the test, and handling the evidence.

Should you refuse the test?

The officer is required to clearly inform you of the consequences of refusing to take the test. Centered in the rubric of implied consent, the consequences for refusing on a first offence will probably be an automatic suspension. You cannot be considered guilty based simply on your refusal.  Failure to submit to the test is NOT ADMISSIBLE.


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Law Office of Thomas A Dougherty
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