A Common Method For Gauging BAC Levels
Most people who are prosecuted for driving under the influence in the Chicago area are subjected to a Breathalyzer test. In this assessment, a person must provide a breath sample by blowing into a device with a tube. The Breathalyzer device then provides a reading of your blood alcohol concentration based on the breath sample that you provide.
Unfortunately, Breathalyzer equipment often returns false positives. Many people who are not actually over the legal alcohol limit are booked on charges of drunk driving. As a result, challenging the results of Breathalyzer tests is a commonly used DUI defense strategy. In fact, if a lawyer is able to have BAC readings excluded on the grounds of an inaccurate test, intoxicated driving charges are often thrown out.
Showing That Breathalyzer Results Are Flawed.
When Breathalyzer equipment is functioning as it is supposed to and a police officer properly administers a test, BAC results are often very accurate. Even then, however, the device can deliver inaccurate readings. A DUI defense lawyer can challenge a test on a wide range of grounds, including:
- Improper maintenance. A Breathalyzer must be regularly serviced by a technician so that it may deliver accurate results. A lawyer can examine maintenance records to see if the equipment has been properly kept up.
- Improper test administration. A Breathalyzer device is a high-tech piece of equipment that requires a person to have appropriate training. An attorney may be able to show that the person who administered your test was not qualified to do so.
- Health and diet considerations. People with select health conditions, such as diabetes, may naturally register higher BAC levels on a Breathalyzer. A person’s diet can also skew results, opening up the potential for challenges.
- The presence of foreign substances. A Breathalyzer’s BAC reading may be impacted by mouthwash, cold remedies and other over-the-counter products. Medications prescribed by a doctor can also affect readings.
A DUI defense attorney will have experience utilizing these and other arguments that may be successful in discounting the veracity of a blood alcohol level reading taken after your DUI stop.
