Evidence in Your DUI Case: Breathalyzer Testing Results Invalid

 Posted on December 16, 2016 in DUI/DWI

When a person is stopped by law enforcement for a traffic violation, and the officer who made the traffic stop develops a reasonable suspicion that the driver of the vehicle is intoxicated by alcohol, the police officer can request that the suspected drunk driver submit to a breathalyzer test.

A breathalyzer test is a chemical test that analyzes the amount of alcohol on a person’s breath and then determines whether the person has a blood alcohol concentration that is over the legal limit of 0.08. Under Illinois implied consent law, drivers are required to submit to a breathalyzer test upon a police officer’s request or else face consequences, such as the automatic suspension of their driver’s license. But remember: you do have the right to refuse to submit to a breathalyzer test.

Even if you are pulled over and you do submit to breathalyzer testing, there are many things that could render your breathalyzer testing results invalid. It is well established that breathalyzer tests are not foolproof and there can be any number of procedural mistakes that could make your test results invalid. Invalid breathalyzer test results cannot be used against you in a DUI case against you. A few examples of things that can make your breathalyzer test results invalid include:

• The breathalyzer machine malfunctioned during your test;
• The breathalyzer machine was not properly calibrated before you took your breath test;
• The police officer whoadministered your breathalyzer test did not follow proper protocol;
• The police officer whoperformed your breathalyzer test was not properly licensed or trained to conduct breathalyzer test in thefield;
• The breathalyzer machine used to perform your breath test it was not of the type that is an approved testing device;
• The police officer whoadministered your breathalyzer test did not conduct the required observation period before conducting the breath test;
• The police officer whoadministered your breathalyzer test did not record the breathalyzer device certification tests of the simulator solution (used to calibrate/test the device before the suspected drunk driver uses the breathalyzer machine); or
• You have a medical condition that influences your breathalyzer test results.

If you have been charged with a DUI and you have submitted to a breathalyzer test, a skilled and experienced criminal DUI defense attorney can help fight your charges by attacking the validity of your breathalyzer testing results based on any of the above identified reasons. DUI charges can result in serious consequences if you are convicted, such as costly fees, jail time, mandatory drug and alcohol educational classes, and the installation of an Ignition Interlock Device on your vehicle, for which you have to pay. Your driving privileges will also be suspended, and you will have to get your driver’s license reinstated. A lawyer can help you with your driver’s license reinstatement as well.

Let Us Help You Today

If you are facing DUI charges and there is chemical testing evidence in your case, an experienced DUI lawyer will know when this evidence should be challenged. Please do not hesitate to contact a skilled Rolling Meadows DUI lawyer immediately. Our passionate attorneys are eager to help you today.

Source:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-501