Results of breath test relating to a trial
Drunk driving cases involving DUI breath test, experienced DUI attorney's will try to suppress results, so not used at trial. For a breath test result 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 a breath test. Failure to comply with these rules will result in unreliable and inadmissible test results.
In your case, problems may have occurred with the breath machine itself, as well as the administration of the test. Particular facts and circumstances of your case will determine what arguments used by attorney's in a motion to suppress.
Several different attacks could be made causing a Judge or jury to question a breath test machine's accuracy and reliability. Technical difficulties, such as improper calibration or maintenance of the machine, are common grounds for attack. Through the discovery process, your attorney will request the state to produce maintenance documents. This determines whether the machine was properly repaired and calibrated. Inspection of the records may show that the machine was not working around the time your sample was obtained. The prosecution must establish the requisite foundation for a breath test result to be admissible in court. Part of this burden, prosecution must prove that the machine was working properly at time the defendant's sample was taken.
If you have been arrested for a DUI and you submitted to a chemical test of your breath, contact an experienced attorney in your state, city, or county. Be sure to explain all the facts and circumstances that occurred during the test administration.