How to Beat a DUI, DWI Breath Test Case With or Without a Lawyer
There are arrest-specific legal defenses how to win a DUI case, even with a failed breath test blowing over the legal limit. What too many drivers arrested for DUI fail to realize in time, is local breathalyzer test results do not always provide reliable evidence to prove a DUI, DWI case in court. For example, in many breath test cases today that get dismissed, it was after an arrest review found that an officer was not certified to give a breathalyzer in the first place.
With so many technical and reasonable doubt defenses to use for different arrest scenarios, there are many ways how to beat a DUI breath test case that will help get charges dismissed due to a compromised breathalyzer or officer error with testing procedure.
Many individuals charged with driving under the influence (DUI) believe that the 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 or DWI, there are several failed breath test defenses for how to get out of DUI over the legal limit.
One of the ultimate ways how to defeat DUI, DWI charges based on failing a breath test is with a subpoena of breathalyzer machine test data and calibration records. An arrest review of having a local expert breathalyzer defense lawyer assessing the details of the failed breath test BAC results, helps an attorney be in an informed position to provide accurate legal advice for how to use breath-analyzer device data to get out of DUI charges and win the case in court.
Furthermore, no matter how high of BAC reading a breathalyzer device may have recorded, any results of a failed breath test will not be legally admissible as evidence in court if an arrest review finds police had no probable cause to pull over a driver in the first place.
Often considered unreliable by its very nature, the breathalyzer test machine provides a wide range of possible successful defenses to get out of breath test results that could be exposed after your arrest details can be reviewed online. Moreover, women who get a DUI resulting from a failed Breathalyzer test may have additional winning DUI defenses to use based on breath test devices calibrated for the average male, and other factors which can cause a falsely high BAC reading.
How to Get Out of Over the Legal Limit DUI:
- Flaws Of The Breathalyzer Test Results For DUI
- How Can I Win If I Blew Over The BAC Legal Limit?
- Best Defenses To Beat Breath Test DUI Charges
- How Can Eating Have An Effect On The Breathalyzer Test?
Local skilled DUI lawyers can show you legal defense 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 transgression.
Whether choosing to fight a DUI with or without a lawyer, many drivers learn what to do after an online arrest review, by utilizing helpful tactics showing exactly how to beat a failed BAC Breathalyzer test result. This way, a driver can get out of a DUI breath test case successfully with the charge cleared in court.
It is important for anyone that was arrested and charged for a DUI based on the results of a breathing or blowing test, first know exactly how Breathalyzers work before fighting the charges next. Once your own arrest can then be analyzed 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 get out of a Breathalyzer test DUI case in court
Flaws of the Breathalyzer Machine Proven to Clear 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 your charge specifics can be examined, you can discuss your legal options regarding how to win a breathalyzer case, and to learn any of common flaws of the testing methods that may assist in your defense case.
In every jurisdiction 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 proven Breathalyzer unreliability, with the assistance of your attorney after your arrest can be evaluated, you could learn winning legal defenses 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 defeating the BAC 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 own case information, which may provide legal techniques how to exonerate a breathalyzer case, along with other possibilities that have consistently been proven successful in several other cases.
Each person’s individual arrest situation will have different defense options for how to beat BAC results in a DUI or DWI breath testing case dealing with failed Breathalyzer readings.
Can I Win a DUI Breathalyzer Case if I Blew .09, .10, or .11 BAC?
Many driver’s who get arrested and charged with a DUI for a first offense or possibly even more, took a breath or Breathalyzer test, and blew just a little over the legal alcohol limit of .08 BAC (blood alcohol content). In driving under the influence arrests such as these when a driver has blown slightly over the legal limit, it is understandable they are interested if it is possible there are any ways how they can win a case if they blew a low number such as .09, .10, .11, or even .12 BAC breath test reading. The answer is, there are often real possibilities of a successful defense that will work in fighting to get out of a DUI or DWI Breathalyzer cases when a driver may blow a number that reads slightly over the .08 BAC limit.
Following a recent 2023 arrest for driving under the influence charges, many drivers ask the common question “if I blew over the legal limit and can I really beat this, or will I be convicted?” As soon as the arrest info can be properly analyzed when a person submits them online to us, often times BAC test procedure mistakes can be found by a review of the police reports, or indications that the portable roadside breath test device first used by the officer at the traffic stop was not working correctly.
This also includes the second Breathalyzer test machine used later on at the police station, if it was possibly malfunctioning. Both the arresting police officer and the prosecution attorney has the burden of proof to properly win a DUI-related case, which can often become very technical with Breathalyzer or blood test results cases especially. With the proper legal help that we provide based on a person’s specific arrest circumstances of what happened, it can often be shown that there is enough of a reasonable doubt with a low breath test reading such as .09 up to .12 over the blood alcohol limit.
It is important to realize that providing sufficient reasonable doubt is one of the most crucial parts in defense strategies for the best ways of how to challenge and disprove any DUI or DWI charge case, particularly when challenging low numbers barely reading over the limit Breathalyzer test results. In any over .08 BAC charge case, anytime that a driver goes to court, even if the case may not have arrest or breath test mistakes made by the police, there are still often other mistakes that are made in court which van be used to a person’s advantage to drastically increase the chance of winning.
These are additional reasons of the importance of first having a skilled and local Breathalyzer case DUI lawyer review a driver’s arrest information for the best legal options for what to do next. This step is necessary, so the local defense lawyer can be ready to fight to get a case dismissed when any critical mistakes in court are made by the police officer or prosecution attorney.
For example, some prosecutor lawyers who are not very experienced with Breathalyzer laws and with DUI-related cases themselves, are susceptible to make mistakes, and that also goes for the police as well. Even in cases when dealing with experienced officers or prosecutor attorneys, a skilled local lawyer reviews a person’s arrest online with us, they also will be familiar with the same court a driver will be having their own case at.
The local specialist lawyers with us can often find mistakes to use as an advantage right from the start after examining a person’s arrest information. This is how attorneys win a breath test case today, since the new laws are always changing for how new methods and ways are found to beat a driving under the influence over .08 BAC case.
After getting charged, many drivers ask questions about the DUI breath test such as “I blew a .10 and blew a .11 and .12 when I took the breath test later, can I still beat this?” For these types of arrests, it is standard procedure that an officer will first use a roadside breath test device on a driver at the scene of where they stopped after getting pulled over.
Once a driver fails that first roadside breath test at the traffic stop, the police will then have the driver under arrest for DUI charges take a 2nd or 3rd test on a larger Breathalyzer machine at the police station. It is very common that a driver is surprised that they may first blow a low reading barely over the limit such as .09 or .10 BAC, and then an hour or two later on the 2nd or 3rd test attempt on the police station Breathalyzer, they blow a higher reading over the limit such as .11 or .12 BAC.
These later test results that give a higher BAC reading over .08 than the first breath test was, happens to be quite common. This is due to the blood alcohol content level rising in a person for the first couple hours or so after they had their last drink. Therefore the police often will not use the lower first BAC readings of .09 and .10 BAC as the official results. Instead, the police use the later chemical results at the station that will likely read higher over the legal limit such as .11, .12, and quite possibly even higher than that.
Knowing the best ways how to fight and win against the breath test machine results used in all DUI and DWI charge cases is a complex specialized area of law.
The lawyers who review every arrest that is submitted online to us, will have the skills and expertise needed for not only how to best challenge the Breathalyzer results reading over the legal limit of .08 BAC. Furthermore, they also find any additional defense strategies that might potentially be able to get this type of case dismissed entirely whenever possible.
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 challenge any of the evidence or testing results that will be presented by the prosecution.
While as mentioned before that there is no specific number of ways how to clear 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 testing 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 current 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 cases of this type, 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 disputing 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 testing rules and procedures.
Alcohol Breath Tests: The Effects of Eating
Can Eating Have an Effect on a Breathalyzer Test?
It is believed that eating food while drinking delays the effects of alcohol consumption. Believe it or not, these effects have been well documented and have been used in DUI-related cases where attempts have been made to use regressive extrapolation to predict earlier blood alcohol levels. A study published in the Journal of the Forensic Science Society in 1991 explored this theory by using different collections of subjects, with each of them being provided either regular or light beer.
One collection of people in the Breathalyzer test study was given beverages while one empty stomachs, another was given beverages with a regular lunch, and a third collection was given beverages a full one to two hours after their last meal. The results of this study were very telling, and testing of all the groups showed the following 3 results:
- People in the study who consumed light beer versus regular beer on an empty stomach showed a lower blood alcohol concentration (BAC).
- The average person in the study who consumed light beer versus regular beer one to two hours after their last meal showed a lower blood alcohol concentration.
- Individuals in the study who consumed light beer and regular beer while eating a normal lunch had about the same blood alcohol concentration.
In addition to BACs being the same in subjects who were drinking during their meal, it was also found that the peak blood-alcohol concentration for both the regular and light beer was also reached on an earlier timeline. This finding confirmed studies indicating that some of the consumed alcohol gets trapped in food inside the stomach, creating a “bound pool” that is absorbed not immediately but over time. The “free-pool” of alcohol, however, is absorbed into the body as if the stomach were empty, causing BAC to peak at a much faster rate.
Studies about the effects of food on DUI Breathalyzer tests were also completed by researchers at the Southern California Research Institute. These studies were conducted under a contract with the Highway Safety Research Institute and specifically explored how consuming food can have an effect on the accuracy of Breathalyzer testing conducted by law enforcement.
Even with these studies being conducted, there is a limited amount of literature on this subject but what is available does provide substantial evidence that food does in fact delay the absorption of alcohol.
What Could Clear a Breath Test Case by Using Defenses Under the 20-Minute Observation Rule
One of the most common scenarios in which many people clear 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. Using this legal method properly is one of the most effective ways how to get out of over the legal limit DUI or DWI case.
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 DUI attorney after assessing your arrest information, can provide you in detail what to do with the many potential legal options you may have by showing you techniques how to defeat breathalyzer test results, and win your case.
When a driver has been arrested and charged with a pending DUI or DWI offense after taking the breath test and blowing over the legal BAC limit of .08, or even a test refusal, we understand the serious nature of what even a first time offense is if convicted or pleading guilty. There is always a strong legal defense for how to get out of over the legal limit DUI or DWI case in time.
We explain and discuss with a driver how certain specific defenses found within a person’s arrest can help with winning defense options for ways to get out of a breathalyzer case blowing over the legal limit. Use case-specific local legal strategies how to beat BAC in a DUI or DWI breath test case in: Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota,Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming
How to Get Out of Over the Legal Limit DUI Case?
After blowing over the legal limit on a breathalyzer, the police officer that arrested a driver for DUI or DWI must follow strict arrest and breath test procedure. Part of the officer’s protocol for a DUI arrest includes advising a person of their statutory summary (license suspension) rights. If after a DUI arrest review it is determined that any of the police procedures were not followed correctly, it will be possible to cancel a license suspension at the local DMV administrative hearing.
Taking advantage of a free online arrest review will find out if any of these winning DUI breath test defenses applies to you. This way, a driver will learn arrest-specific legal methods how to get out of DUI over the legal limit with or without a lawyer.
DUI Breathalyzer Defense, 2023 Breath Test Law References: