Don’t Blow Your Chance for an Acquittal: Challenging Breathalyzer Results in Court

Posted on January 6, 2008
Filed Under Criminal Law, DUI, Police |

If you have been charged with a DUI or DWI offense and the Breathalyzer results are over the legal limit, you may be thinking that you may as well just plead guilty to the charges and take whatever punishment the judge hands down. Assuming that you don’t have any options for defending yourself would be both foolish and inaccurate.

What the Breathalyzer Actually Measures

The breathalyzer machine doesn’t measure a person’s Blood Alcohol Content (BAC). Instead, it provides an estimate of the BAC. This estimate can vary greatly from the BAC results from a blood test conducted on the same person.

How Breathalyzers Work

A breathalyzer unit is designed to detect the presence of ethyl alcohol on a person’s breath. (Alcoholic drinks contain ethyl alcohol.) The problem with breathalyzers is that the machine is unable to make a distinction between ethyl alcohol and methyl alcohol. A number of substances that you can consume contain methyl alcohol, which will register in just the same was as if you had actually been drinking.

If you happen to be a diabetic, you may have a higher level of methyl alcohol on your breath. The same thing will happen if you are on a diet. As your body throws off ketones, the level of methyl alcohol on your breath also rises.

Factors That Effect a Breathalyzer Reading

Breathalyzer evidence can be challenged in a number of ways. If the machine is not in good repair or the test was not conducted properly, then the results may not be accurate.
Other factors that can throw off a breath test include:

  • Temperature
  • Machine Not Properly Calibrated Before Use
  • Dirt
  • Smoke
  • Moisture
  • Blood or Vomit in the Mouth

All of these factors can be used by your defense attorney to challenge the breathalyzer results in court. Before you make a final decision about entering a plea, contact a qualified DUI/DWI attorney who can evaluate the evidence against you and provide the appropriate advice for your situation.

Since the consequences of being convicted of this type of criminal offense can be both costly and severe, you owe it to yourself to challenge every piece of evidence the Prosecution has against you, including the breathalyzer results.

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Comments

One Response to “Don’t Blow Your Chance for an Acquittal: Challenging Breathalyzer Results in Court”

  1. Em on January 28th, 2008 4:54 am

    It’s shocking to think that a device that leads to so many prosecutions has so many variables that can render it inaccurate.
    A useful piece of information, however, one that in the wrong hands could give an excuse to those who deliberately flout drink driving laws and put the safety of others at risk.

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