Driving Under the Influence Breath
DUI breath tests are the most commonly used means for charging a defendant with drunk driving, although DUI breath analysis machines are constantly challenged as inaccurate. The number of problems presented by DUI breath machines creates a several potential strategies for DUI defense attorneys.
While the use of DUI breath analysis has become almost routine in police stations, very few officers are properly trained for DUI breath analysis, and there are a number of steps required for the readout from a DUI breath machine to be considered accurate. Finding a missed step is often the simplest way for DUI breath data to be thrown out as evidence
In addition to the complicated steps required for DUI breath machines to be considered accurate, there are issues pertaining to the ability of a DUI breath analysis machine to correctly isolate and identify blood alcohol levels. Scientific studies have shown that DUI breath machines will actually register many substances as alcohol, causing problems for sober persons tested on DUI breath analyzers. For instance, positive readings may result from exposure to paint/solvents, and there is evidence that DUI breath analysis machines can be thrown off by interference from other electronic devices.
Because DUI breath machines have a reputation for being unreliable, a good attorney can often use the DUI breath analysis to have the entire case thrown out. To find out more about the ways DUI breath machines work (and malfunction), you may want to contact an attorney familiar with DUI law.
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