When you have your arrest details professionally reviewed online free through our site, you very well may be able to learn what to do with the best helpful tactics that have that potentially could show you exactly how to beat Breathalyzer test results, and beat a breath test case successfully. Many individuals charged with driving under the influence (DUI) believe that the DUI breath test is unbeatable evidence that will lead to their conviction every time. Even if you think the breath test is the ultimate in evidence of DUI, there are many ways to fight it effectively. Often considered unreliable by its very nature, the breathalyzer test machine provides a wide range of possible defenses to beat breath test results that could be exposed and show you in detail after your arrest details can be examined through our site.
Afterwards, a skilled DUI lawyer can show you scenarios where even if your breath test reading came in at a .15 or greater, the results can possibly be suppressed from being used against you in court if your case fits certain criteria . Pre-trial motions for exclusion of evidence and use of other pre-trial procedures often lead to a dismissal of your charges or, at the very least, a reduction to something less serious than a DUI charge.
It is important for anyone that was arrested and charged for a DUI based on the results of a Breathalyzer test, first know exactly how Breathalyzers work before fighting the charges next. Once your DUI/DWI arrest details can then be examined by a skilled lawyer from your area that knows the potential flaws or procedural errors with these devices which can often occur, it may very well provide the answers you need in showing what to do for how to beat a Breathalyzer test DUI case in court.
Flaws Of The Breathalyzer Machine Proven To Beat Breathalyzer Test Results In Many Cases
The breath test does not provide the reliable results it claims to provide. It can often read out false results on the basis of conditions like acid reflux disease, diabetes, or when a person has belched in the preceding 20 minutes. Likewise, the test is sensitive to bodily conditions and short-term illnesses that will raise the blood alcohol level above what it should be. After you arrest details can be examined, you can discuss your options regarding how to beat a breathalyzer case, and to learn any of common flaws of the breath test methods that may assist in your defense case.
DUI courts have relied heavily on the breath tests results as their best evidence, and many courts see them as almost “mystical” machines that give out results that should not be automatically relied upon in court. Because of this, with the assistance of your attorney after your arrest can be evaluated, you could learn possibilities when applicable in your case – how to suppress the use of the breathalyzer test results evidence when it would otherwise be allowed in court. Pre-trial motions to suppress are often successful and other means of beating the breathalyzer test results are also available in many cases. Some of the ways to fight a breath test case include criticizing the arresting officer’s conduct and moving for further inspections of the machines used. All which can be outlined for you based upon your arrest information, which may provide ways how to do beat a breathalyzer case, along with other possibilities that have consistently been proven successful in several other cases.
What are Some of the Best Defenses How to Fight Breath Test Results For DUI and DWI Charges?
It is important to realize that there are no set number of ways how to challenge and fight the validity or accuracy of high breath test results over the legal limit of .08 BAC for DUI or DWI charges. Once a driver’s arrest details can be carefully reviewed online through us of what occurred during the arrest, a skilled and local DUI lawyer will use the facts of the case and build a strong defense to fight any of the evidence or Breathalyzer results that will be presented by the prosecution. While as mentioned before that there is no specific number of ways how to beat a Breathalyzer test result case, there are however certain breath test issues and problems which can happen more commonly, such as:
- The arresting officer improperly administered the Breathalyzer.
- The breath test device was not calibrated properly according to DUI protocol to be reliably accurate.
- The driver may have a health or complicated medical issue which may have affected the breath test from reading the BAC levels properly.
- The Breathalyzer was not properly maintained according to DUI laws for testing policies, and/or could have given a falsely high BAC reading.
In addition to the concerns over the Breathalyzer test accuracy, there have been many other problems associated with the breath machines in regards to several DUI offense cases. For example in certain DUI and DWI charge cases, a driver who used mouthwash likely caused the testing device to read a BAC amount higher than the.08 BAC limit to legally drive. In some other cases, certain dental implants, diets that involve very low-carb restrictions, and a variety of complex medical conditions have also falsely skewed the results of the breath test reading from what it actually is. Probably the most common occurrence when fighting a breath test case, is when the machine is giving inaccurate test result readings – due to it not being calibrated and maintained according to the laws regarding strict DUI test rules and procedures.
What Could Beat A Breath Test Case By Using Defenses Under The 20-Minute Observation Rule
One of the most common scenarios in which many people beat a breathalyzer test results case, is using the “20-Minute Observation Rule.” In order to try and ensure the legitimacy of breathalyzer tests, the law requires that officers observe DUI suspects for 20 minutes prior to administering the breath tests. If an officer fails to do this, then the results of the breath test can be invalidated. This type of defense often leaves the state with little basis to its case, and a dismissal will typically follow without sufficient evidence.
A qualified and experienced DUI attorney after examining your arrest information, can provide you in detail what to do in the many potential options you may have by showing you possibilities how to beat breathalyzer test results, and win your case.