Breathalyzer machines combine several technologies to provide an estimate of the alcohol content in a person’s blood stream. Though the technologies used may seem sophisticated, the test results in a given case may be faulty and inadmissible in court. The suppression of Breathalyzer evidence can result in a DUI charge being dismissed entirely. Alternatively, a prosecutor who recognizes a potential problem in Breathalyzer test results may agree to a negotiated plea to a non-alcohol driving offense.
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At the Law Office of David Pedrazas, PLLC, we aggressively defend people charged with DUI in Utah. When defending our clients, we never take anything for granted. We thoroughly review all aspects of every case, looking for a way to overcome the charge.
Some of the flaws in Breathalyzer test procedures that can produce a positive outcome in a DUI case include the following:
- The Breathalyzer machine was not properly calibrated.
- The machine was not properly maintained and cleaned.
- The machine’s operator was not properly trained or certified.
- The operator made procedural errors before, during or after the test that render the results inadmissible.
- There was an insufficient period of “quiet time” before the test started.
- You burped or regurgitated before blowing or while you were blowing.
In addition, the state must show that you were over the limit while you were driving, not just when you took the breath test. If too much time passed between your detention and the administration of the Breathalyzer tests, you may have a viable DUI defense, depending on circumstances.
“Can I challenge the Breathalyzer results in my DUI case?”
The answer to that question requires a careful analysis of the facts. But one thing should be clear from this discussion — Breathalyzer tests aren’t always accurate. DUI defense lawyer David Pedrazas will work tenaciously to protect your rights and preserve your freedom.
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Contact the Law Office of David Pedrazas, PLLC, in Salt Lake City for a free consultation.