The Breath Test

The breath test is a common tool used by law enforcement to test the BAC (Blood Alcohol Content) of a person suspected of driving under the influence of alcohol or drugs.

In many cases the results of a breath test can be the strongest piece of evidence that law enforcement has in proving a person is guilty of DUI. It is important to remember though, that the results of a breath test are not the end of the story concerning a person's guilt or innocence. An experienced DUI attorney will be able to look at all the facts and determine if a strong argument can be made to suppress the findings of a breath test.

It is important to remember also that the breathalyzer is not a flawless piece of technology, but instead a machine. Like any machine, its results can be influenced by a number of factors which can lead to inaccurate results. Some of those factors can include

• Having had a drink just prior to the stop, and alcohol is still in the mouth resulting in a higher than accurate reading.
• If the officer did not administer the test correctly, and told the person to "keep blowing"
• The police officers radio was on during the test, and could have interfered with the results.
• If the breath test or breathalyzer was not certified
• If the machine was improperly calibrated

If any of these circumstances were present please be sure to discuss them with an attorney at our firm, and see if your breath test results could be suppressed. Have you been arrested for DUI? Contact our firm now!