DUI: Breath Tests

Breath and blood tests are the primary way that is used to prove that you were over the legal limit of 0.08 blood alcohol concentration. It is usually done by blowing in a BAC machine at a police station after arrest for a DUI. If you were arrested and took the BAC breath test, then you were probably given a print out of the BAC results.

If you refuse to take the breath/blood test, there is a mandatory 1 year revocation of your license.

The BAC machine is not foolproof, and there are sometimes ways to beat or exclude the results of the test. Recently problems with the breath test machines and their maintenance have led to hundreds or thousands of breath test results being thrown out of court across the state. Some health issues may also impact the BAC test and result in inaccurate results.

Since the BAC test is the primary way prosecutors prove that a person was over the legal limit, getting the test thrown out takes away their best tool. I will review your case and if the test is flawed, I will fight to get it thrown out of court. This could lead to a reduction or dismissal of charges.

If you want to fight your Breath Test, then call me to set up a free consultation.


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