When a person is arrested for driving under the influence of alcohol or drugs, implied consent laws require them to submit to a BAC (blood alcohol content) test. Although many people believe there’s no hope if they register a BAC of .08% or higher, that’s not the case. An experienced DUI law attorney in Twin Falls ID may be able to challenge the test results, saving clients thousands in fines, fees, and other expenses.
How Lawyers Discredit Breath Test Results
A Breathalyzer reading is a crucial piece of evidence in nearly all cases, and the success of an attorney’s challenge depends on the case’s circumstances. Below are a few ways a local attorney may be able to discredit breath test results in DUI cases.
An Unreliable Breathalyzer
A breath sample may become contaminated with foreign substances. If there’s an alcohol-containing substance in the mouth, it can produce a false positive because the amount of vapor emitted is different than the amount coming from the driver’s lungs. For instance, mouthwash often contains alcohol, and it can corrupt a reading.
Improper Test Administration
DUI lawyers do much to discredit breath test results, which are only admissible if collected as follows.
- The breath must come from deep in the lungs.
- The officer must observe the subject for a minimum of 15 minutes before the test.
- The subject cannot eat, smoke, drink, or vomit during that time.
If a test is improperly administered, the officer’s testimony on the results may be ruled inadmissible in court.
Tests Arising From Unlawful Searches
Even if officers are properly trained, and Breathalyzers are calibrated well, readings may still be dismissed if officers lacked probable cause to administer the test. Lawful DUI arrests require officers to have:
- Reasonable suspicion to make the stop
- Probable cause to believe that a driver is intoxicated
If either factor is missing, a DUI law attorney in Twin Falls ID may be able to make a motion to suppress the evidence. When such a motion is successfully argued, the client’s Fourth Amendment right against unlawful search and seizure is protected.
Call For Help
Failing a breath test doesn’t always mean that the prosecutor has a solid case. Contact an experienced DUI lawyer for help challenging the results of breath tests. Click here for more details or call to schedule a consultation.
