Idaho Criminal Attorney - DUI Challenges - Breathalyzer Accuracy

According to David J. Hanson, Ph.D, 23% of those people who take a breathalyzer test end up with inaccurate results. Not only are the test results inaccurate but the Blood Alcohol Concentration register about 15% higher than they actually are.

What does this mean for someone charged with a DUI? As an Idaho Criminal Attorney I can tell you it can mean a huge difference. If you are at that fine line just below or just above legally drunk (BAC of .08 or greater) it can mean the difference between a DUI and a inattentive or reckless driving charge. If you are at that line between an excessive DUI (BAC of .20 or higher) and a standard DUI it can make the difference between prison and jail, not to mention much longer license suspensions and greater fine amount.

So how do you challenge a breathalyzer? There are many arguments that can be made depending upon the evidence in the possession of the police and the prosecutor. Some challenges require an expert. The example I gave above about inaccurate results would require an expert to testify about the validity of breathalyzer results. Some examples of successful challenges of the evidence that I have made as an Idaho Criminal Attorney challenging DUI charges against my clients are:
- The breathalyzer was not properly maintained; failure to calibrate or clean
- The police administered the test incorrectly; failure to warm up machine
- The officer was improperly trained or qualified
- The result was affected by a characteristic of the driver such as asthma,
burping, hyperventilation
- The test was administered after the driver used mouthwash, a strong breath mint or used lip balm or oil
- The driver was in the presence of paint, gasoline, varnish or other strong fumes

This evidence won't necessarily relieve you of your DUI charge or subsequent conviction. This is because the police use more evidence than just the breathalyzer to evaluate whether you have been driving under the influence. Field sobriety tests, for example, are supposed to be the criteria which the police use to determine if they need to administer a breathalyzer test. These types of challenges, however, can be useful in lessening the extent of the penalty and potentially the charge against you.

For more information concerning DUI, driving under the influence, please visit www.lawboiseid.com