How to Challenge DUI Breath Test Machines: A General Overview
In every DUI case involving a breath test an experienced DUI attorney will attempt to successfully have the results suppressed so that they will not be used against their client in trial. For a breath test result to be suppressed in court, the judge must determine that its results are unreliable. Several states have administrative rules that set out the procedures that must be met during breath testing. Failure to comply with these rules will result in unreliable and inadmissible test results.
In your case, problems may have occured with the breath machine itself, as well as the administration of the test. The particular facts and circumstances of your case will determine what arguments will be used by your attorney in a motion to suppress.
There are several different attacks that could be made to cause a judge or jury to question a breath test machine’s accuracy and reliability. Technical difficulties, such as improper calibration or maitenance of the machine, are common grounds for attack. Through the discovery process, your attorney will request the state to produce maitenance documents to determine whether the machine was properly repaired and calibrated. A careful inspection of the records may show that the machine was not working near or at the time your sample was obtained. The prosecution must establish the requisite foundation for a breath test result to be admissible in court. As part of this burden, the prosecution must prove that the machine was working properly at the time the defendant’s sample was taken.
If you have been arrested for DUI and you submitted to a chemical test of your breath, contact an experienced attorney in your state. Be sure to explain all the facts and circumstances that occurred during the test administration.