Charlotte Criminal Lawyer Blog
The Science Behind DUI Breath Tests
DWI is a serious offense and one that comes with severe punishments if convicted. When you face DWI charges, you will want to vigorously defend yourself. One of the most important pieces of evidence used to convict in DWI cases is your blood alcohol concentration (BAC). It is helpful to understand the science behind breath tests that are used as evidence so you can defend the charges and avoid conviction. There are possible problems with the accuracy of the results, which you can utilize as part of your defense against the charges.
How Does a Breathalyzer Work?
A breathalyzer is a device that measures the amount of alcohol in your system using exhaled air. The device calculates the concentration of alcohol in your system. North Carolina law limits drivers aged 21 and over to a BAC below. 0.08%. When your BAC is over the legal limit, you will be charged with DWI. The breathalyzer machine typically uses a chemical reaction or infrared light rays to measure alcohol content from the breath. However, there are some instances where the breathalyzer may be inaccurate or unreliable.
Possible Problems With Breath Tests
There are several things that can go wrong with a breathalyzer test. These are matters that need to be reviewed and evaluated as part of your DWI defense.
- Breathalyzer Instrument Problems – A breathalyzer machine requires regular maintenance to operate properly. It must be calibrated every 30 days, and a calibration record must be kept.
- Mistakes in Operation – Only a trained person is qualified to administer a breathalyzer test. A person must be certified. In addition, the person who administers the test must observe the person taking the test to ensure that they do not eat or drink anything for a period of 20 minutes before the test, as this can skew the results. Also, burping or vomiting before the test may also result in an incorrect reading.
- Medical Factors – Some medical conditions could result in a false positive breath test. Those who have diabetes, for example, could have elevated acetone levels that may be mistaken for the acetone in alcohol. Some diets may also produce incorrect results. In addition, some dental work or dentures could cause alcohol to get trapped in the mouth, thus producing an incorrect high BAC. Acid reflux may cause alcohol from the stomach to enter the mouth, causing falsely high BAC levels.
Challenging Breathalyzer Tests
There are ways to challenge DWI tests. Your attorney may subpoena the maintenance records for the breathalyzer machine. A review of the records may show that the machine was not properly calibrated. If that occurs, it may be possible to exclude the breath test evidence in your case. It is important to provide your attorney with your medical history. There may be conditions or issues that interfere with a correct BAC reading. Your attorney will also want to verify that the person conducting the test was properly trained and administered the test according to protocol. Your lawyer will review every aspect of your case, including the traffic stop, to determine whether there are any matters that were not done properly by law enforcement.
Breathalyzer tests are not always reliable. Your attorney will closely scrutinize the process that occurred in your case to find any potential problems. If any errors were made during the process, the results are unreliable and therefore should not be utilized as evidence. If you are facing DWI charges, you will want to provide a vigorous defense. Contact us today at Arnold & Smith, PLLC, at (704) 370-2828 to request a consultation with our legal team.
The criminal defense attorneys at Arnold & Smith, PLLC make it their mission to zealously defend their clients on a wide range of criminal matters at both the state and federal levels. These matters may include any charge from traffic offenses; DWI/DUI; drug charges (from simple possession to possession with intent to distribute and trafficking); gun permit denials; weapons offenses; and property crimes (larceny, breaking and entering, robbery, fraud, embezzlement, white collar offenses); to sexually related offenses (indecent exposure; sexual assault, crimes against nature, removal from sex offender registry); and violent crimes (domestic violence; assault; manslaughter; homicide, murder). Other legal issues that Arnold & Smith, PLLC criminal clients may be facing include restraining orders, restraining order and probation violations, expungements; appeals; and immigration issues related to criminal charges. Our criminal defense attorneys are passionate about ensuring that individuals empower themselves by being informed about their constitutional rights, and stand at the ready to fight in the defense of those facing criminal charges.
Source:
https://www.law.cornell.edu/wex/breathalyzer
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