Breath Test Reliability
Experienced DUI attorney's will attempt to have results suppressed so not used against their client in 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 breath testing. 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. The facts and circumstances of your case will determine what arguments used by your attorney in a motion to suppress.
Several different attacks could be made to cause a Judge or jury to question breath test machine's accuracy and reliability. Technical difficulties, such as improper calibration or maintenance of the machine, are common grounds for attack. Within discovery process, attorney's will request the state produce maintenance documents to determine whether machine was properly repaired and calibrated. Careful inspection of records 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. Part of this burden, the prosecution must prove the machine was working properly at 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, city, or county. Be sure to explain all the facts and circumstances that occurred during the test administration.