Many people mistakenly believe that a breath test result of 0.08 or higher is a case-closer. There are actually many factors that can skew a breath test, rendering a flawed reading or possibly leaving the result inadmissible in court.
The first thing any defense attorney should do when examining a DUI case is look at the probable cause claimed by the arresting officer. Before a chemical test of any type (breath, blood or urine) can be administered in an attempt to ascertain blood alcohol content, the officer must have sufficient probable cause to suspect you of driving under the influence. Many times, this probable cause is obtained by compelling the driver to submit to one or more roadside sobriety tests. Not only are these tests inaccurate gauges of intoxication, they actually are designed to fail.
When considering the legitimacy of a breath test for BAC, many factors must be looked at. The state of Tennessee mandates specific guidelines, protocols and procedures that law enforcement agencies must abide by when administering breath tests, and if any of these mandates are not met, the results of the breath test could be inadmissible in a court of law.
Questions that an experienced, knowledgeable DUI defense attorney may ask when considering a breath test include: Was the breath test machine properly calibrated by a certified technician? Was the machine serviced just before or after the administering of the test? Have the machine and the operator both been certified by the state? What calculations does the machine use when converting air-flow alcohol into a blood alcohol reading? Is the machine susceptible to outside interference, possibly coming from nearby electronic equipment? Did the driver burp just before delivering a breath sample? Had the driver used mouthwash or breath spray that contained alcohol prior to taking the test?
If you are facing a charge of DUI in the state of Tennessee, call the Garza Law Firm right away. Marcos Garza is experienced in defending DUI charges, and is extremely knowledgeable in DUI breath test procedures and protocols.
Put Mr. Garza’s experience to work for you. Call (888) 680-7554 today to schedule a free initial case consultation.
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