Challenging Breath Test Results in Illinois

 Posted on October 24, 2019 in DUI/DWI

Under Illinois’ implied consent laws, if you are pulled over for a DUI, you must submit to a breath test if asked by an officer. After the breath test, the officer will tell you what your blood alcohol content (BAC) is, and if you blew over 0.08, which is the legal limit. If you did, the situation may seem hopeless. However, there are ways to challenge these tests and get them thrown out of court, which can be very helpful to your case.

The Results Were Inconsistent

If you blow into a breathalyzer many times and get significantly different readings, it indicates that the machine is not reliable. Some judges have even deemed certain brands as being notoriously unreliable. Additionally, breath tests must be performed until two successive results fall within 0.020 percent of each other. If this range cannot be reached, a judge may determine that the tests are inconclusive.

The Officer Did Not Administer the Test Correctly

Officers must know how to properly administer a breath test, and there is a lot of user error with these machines. If the officer did not know how to use the machine, that shows a lack of training with them and can help prove that errors were made. Also, police officers must perform several tests to confirm that the machine is working properly. If they only performed one test, they did not do it correctly and the results are inadmissible in your DUI case.

The Machine Was Not Calibrated Properly

Breathalyzer machines are notoriously inaccurate. They must be calibrated properly and after being jostled around in a police car for some time, that calibration can easily be thrown off. Law enforcement must also keep proper records indicating when a machine was calibrated and had maintenance performed on it. When they cannot produce these records, an attorney will argue that the machine was not calibrated correctly and therefore, the results cannot be considered in the case.

The Stop Was Illegal

Police officers can only pull someone over when they have reasonable suspicion that a driver is breaking the law, or has broken the law. If an officer did not have reasonable cause to pull a driver over, any evidence obtained from that traffic stop cannot be used in court. This is sometimes the best-case scenario since the prosecution often relies mainly on evidence from gained from the traffic stop to prove that someone was driving under the influence.

Have You Been Charged with a DUI? Call an Illinois Criminal Defense Attorney

If you have been charged with a DUI, you are likely imagining the worst-case scenario. However, not all cases get that far. Our dedicated Rolling Meadows criminal defense attorney at the Law Offices of Christopher M. Cosley has the experience necessary to craft a strong defense for your case. This includes not only getting breath tests thrown out of court, but also challenging the prosecution every step of the way. If you have been charged, call us today at 847-253-3100 for your free consultation.

Source:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-501.1