Can a Lawyer Challenge the Results of a Breathalyzer Test?

 Posted on July 09, 2024 in DUI

Most DUI charges across the United States are based on the results of a breathalyzer test. The legal limit in every state except one is 0.08 percent (Utah is 0.04 percent). Historically, drivers were warned that submitting to a breathalyzer test gave the state evidence to use against them during prosecution. More recently, however, many issues have been found with breathalyzer machines that an experienced lawyer can use to reduce or even potentially dismiss DUI charges.    

In "implied consent" states like Illinois, refusing a breathalyzer test will result in a driver’s license suspension. Because of this, it can be better to take the breathalyzer test than let a lawyer argue against the inadmissibility of the results. Regardless of whether a driver submits to a breath or blood test or refuses, the best step to take following DUI charges is to immediately contact an experienced Wheaton DUI/DWI attorney from Davi Law Group, LLC. When defendants have a strong legal advocate in their corner, the probability of a positive outcome increases exponentially.

How Can Breathalyzer Tests Be Challenged?

Breathalyzer tests can be challenged on several levels, including the machine, the operator, or the individual’s unique characteristics.

• Breathalyzer Machine Flaws–The Breathalyzer machine is the technological backbone of the nationwide anti-drinking and driving programs and laws. The breath of a suspected drunk driver is tested to determine whether alcohol is present, then that alcohol content is converted into a formula that determines BAC level. While the system appears fair and scientific on the surface, it is anything but. When comparing breathalyzer determinations of BAC levels to actual blood alcohol content, there can be as much as a 50 percent margin of error.    
• Breathalyzer Operator Errors–Police officers and others who operate breathalyzer machines must be trained and licensed to use them. Not only must the operator be trained in how to use the machine, but they must also be trained to administer the test precisely. Before administering the test, the officer must monitor the suspect for twenty minutes.
• Individual Characteristics That Can Skew Breathalyzer Test Results–Many different issues can render a breathalyzer test inaccurate, including:

• The suspect has taken cough syrup or asthma medicine, and the machine gave a falsely high BAC

• The suspect has a medical condition like GERDS, diabetes, COPD, or another type of respiratory disease.
• The suspect held their breath briefly or hyper-ventilated before the test.
• It is hot outside, and the suspect’s elevated body temperature causes an inaccurate reading.
• The test is given to a person who works in an industry where they are regularly exposed to fumes like paint, gasoline, dry cleaning fluids, or lacquer
• The person has been on a low carbohydrate or KETO diet, creating acetone on the breath that is falsely read by the breathalyzer as alcohol.  
• The ammonia buildup from a person with kidney or liver disease can "confuse" the breathalyzer.

Probable Cause Must Exist for DUI to Be Charged

Other than problems with the breathalyzer, there may have been no probable cause for your DUI stop. Police officers must have probable cause to pull you over unless it happens to be at a DUI checkpoint. If you were weaving back and forth across the center line, then probable cause exists. If the police officer happened to observe you leaving a bar, but you made no driving errors, no probable cause existed.  

Schedule Your Free Consultation with a DuPage County, IL DUI Lawyer

Every DUI case is different, making it extremely important that you contact a Wheaton criminal defense attorney with significant DUI defense experience as quickly as possible. The sooner your attorney is on the case, the more likely they are to be able to negotiate a deal with the prosecution that is more favorable. Call Davi Law Group, LLC at 630-580-6373 today to make an appointment for your free consultation.