The Importance of Challenging Breathalyzer Results
Driving under the influence (DUI) is a serious offense that can have severe consequences for individuals in Missouri. The legal system relies heavily on evidence to determine guilt or innocence, and breathalyzer results are often a key part of DUI cases.
While these devices are commonly used to measure blood alcohol concentration (BAC), the results they produce aren’t always accurate. This makes challenging breathalyzer results an important aspect of defending a DUI case. At my firm, I can help you explore why challenging breathalyzer results is crucial for individuals facing DUI charges in Missouri.
What Are Breathalyzers Used For?
Breathalyzers are tools used by law enforcement to assess a driver’s BAC quickly. These devices estimate the alcohol content in a person's bloodstream by measuring the alcohol in their breath.
In Missouri, a BAC of 0.08% or higher is considered over the legal limit for operating a motor vehicle, according to the Missouri Department of Revenue. When a police officer conducts a breath test and the result is over the limit, the individual may face a DUI charge. However, several factors can influence the accuracy of breathalyzer results.
Breathalyzers aren’t foolproof and can produce false readings under certain conditions. This is why it’s critical for anyone facing a DUI charge to consult with a DUI attorney. A DUI attorney can examine the circumstances surrounding the breath test and look for ways to challenge the results.
The Accuracy of Breathalyzers
While breathalyzers are widely used by law enforcement across Missouri, they aren’t always accurate. Several factors can affect the reliability of the results. For instance, if the breathalyzer isn’t properly calibrated or maintained, the readings may be skewed. Regular calibration is necessary to see that the device is functioning correctly, but mistakes can happen.
Additionally, certain medical conditions, such as acid reflux or diabetes, can lead to false readings. Individuals with these conditions may have higher levels of acetone in their breath, which can interfere with the breathalyzer’s readings. This can lead to a false positive, where the breath test shows a BAC over the legal limit even though the individual may not be impaired.
Environmental factors can also play a role. For example, exposure to substances like mouthwash, perfume, or certain foods can affect the breathalyzer’s readings. A DUI attorney may examine whether any of these factors were present at the time of the test and whether they could have influenced the results.
The Importance of Breathalyzer Calibration
Breathalyzer calibration is a critical aspect of making sure the device produces accurate results. In Missouri, law enforcement agencies are required to calibrate breathalyzers at regular intervals. If a breathalyzer hasn’t been calibrated correctly, it may provide faulty results.
In such cases, a DUI attorney can challenge the accuracy of the test by arguing that the breathalyzer wasn’t properly calibrated at the time of the test. A DUI attorney can also request records showing when the breathalyzer was last calibrated.
If the records show that the device wasn’t calibrated according to the proper schedule, the attorney may argue that the results of the breath test should be dismissed as unreliable. This is one of the many possible legal defenses your attorney may utilize.
Legal Defenses Against Breathalyzer Results
Challenging breathalyzer results is a common defense strategy in DUI cases. A DUI attorney can use several legal arguments to question the validity of the test results. One potential defense is that the breathalyzer wasn’t properly maintained. Law enforcement agencies must follow strict protocols for the maintenance and calibration of breathalyzers.
If these protocols aren’t followed, the test results can be deemed inadmissible in court. Another defense is that the individual’s BAC wasn’t accurately measured. As previously mentioned, medical conditions and environmental factors can interfere with the accuracy of breathalyzer results.
If a DUI attorney can demonstrate that these factors were present, they can argue that the test results don’t reflect the individual’s true BAC. Furthermore, a DUI attorney may question the procedure used during the breath test. Missouri law requires that specific procedures be followed when administering a breathalyzer test.
If law enforcement officers fail to follow these procedures, the results may be challenged. A DUI attorney may examine the circumstances surrounding the test to determine if any errors were made that could affect the validity of the results.
How a DUI Attorney Will Challenge Breathalyzer Results
A DUI attorney plays a crucial role in challenging breathalyzer results. They’re trained to recognize the factors that can affect the accuracy of breath tests and can identify potential errors made during the testing process.
By working with an experienced DUI attorney, individuals facing DUI charges in Missouri can better protect their rights and mount a strong defense. The DUI attorney will begin by reviewing the circumstances of the arrest, including how the breathalyzer test was administered.
They’ll also examine the maintenance and calibration records for the breathalyzer. If any issues are found, the attorney can argue that the breathalyzer results shouldn’t be used as evidence in the case.
Moreover, the DUI attorney can help assess other aspects of the case, such as the behavior of the arresting officer or the reliability of other evidence, such as field sobriety tests. A thorough analysis of all aspects of the case can provide a stronger defense and increase the chances of a favorable outcome.
Key Factors That Affect Breathalyzer Results
Numerous factors can affect breathalyzer results. Some of the most common include:
Calibration errors: If a breathalyzer isn’t calibrated properly, it can produce inaccurate results.
Medical conditions: Certain conditions, such as acid reflux or diabetes, can interfere with breathalyzer results.
Environmental factors: Exposure to substances like mouthwash, perfume, or food can affect the readings.
Improper administration: If law enforcement officers don’t follow proper procedures when administering the test, the results can be invalid.
Temperature and humidity: Variations in temperature and humidity can affect the accuracy of breathalyzer readings.
Given the number of potential factors that can influence the results, it’s clear that breathalyzer results shouldn’t be taken at face value. A DUI attorney can help identify these factors and challenge the results effectively, and help clients avoid the negative consequences of failing these tests.
The Potential Consequences of a DUI Conviction
A DUI conviction in Missouri can have serious consequences. If convicted, individuals may face fines, license suspension, mandatory alcohol education programs, and even jail time.
A DUI conviction can also have long-term effects on employment opportunities, insurance rates, and personal reputation. Given the severity of these consequences, individuals need to challenge breathalyzer results when possible.
A skilled DUI attorney can help individuals understand the potential outcomes of a DUI case and provide guidance on the proper course of action. By challenging breathalyzer results, the attorney can help minimize the risk of a conviction or reduce the penalties associated with a DUI charge.
Steps to Take After a Breathalyzer Test
If you’ve been arrested and given a breathalyzer test in Missouri, it’s important to take certain steps to protect your rights and prepare for your defense:
Consult with a DUI attorney: A DUI attorney will assess the circumstances of your arrest and help determine if there are grounds to challenge the breathalyzer results.
Request maintenance and calibration records: Your attorney can request these records to check that the breathalyzer was properly maintained and calibrated.
Examine other evidence: Your attorney will look at other evidence in the case, such as field sobriety tests or the officer’s behavior during the arrest.
Prepare for trial: If necessary, your attorney can help you prepare for trial, using their knowledge to present a strong defense.
By following these steps and working with a qualified DUI attorney, you can better protect your rights and work toward an optimal outcome of your case.
Consult With an Experienced Attorney Today
Challenging breathalyzer results is a critical part of defending against DUI charges. These results aren’t infallible, and many factors can influence their accuracy. A criminal defense attorney plays a vital role in identifying these issues and presenting a defense that challenges the validity of these results.
I serve clients in Independence, Rock Port, Lexington, and Kansas City, Missouri. Call me at my firm, Howard L. Lotven, P.C., to schedule a consultation.