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Breath Test Defenses

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DUI Defense Breath Tests

There are many DUI defense cases in Virginia where blood alcohol breath test machines have provided false readings. It is important that your Virginia DUI Lawyer carefully inspect the machines maintenance logs and repair history. In addition, they will also evaluate the training and experience of those who perform maintenance and operate these blood alcohol breath test machines.
A DUI defense case based on a blood alcohol breath machine reading are broken down into three primary categories: machine performance and reliability, operator error, and your medical conditions.

Blood Alcohol Test Machine Performance and Reliability

A good DUI defense includes looking at the history of the particular machine on which you took the alcohol breath test. We will ask whether there have been maintenance problems, radio frequency interference, was the machine properly calibrated, are the maintenance and operation records in order. Some of these defenses may result in the breath test results in your case being excluded from evidence against you.

Operator Error

The second category of DUI defenses requires us to inspect the operator’s training. Does he have proper training records, and was the training in accordance with Virginia DUI law? Did he follow his training when administering the test to you? Did he follow proper procedures?

Medical Conditions

There are a number of medical conditions that can cause false BAC readings on the blood alcohol breath test. Things such as GERD, bleeding gums, and other conditions can cause mouth alcohol to be blown into the machine instead of air. When this happens the machine is supposed to detect the presence of mouth alcohol and refuse to provide a BAC number. It has been well documented, however, that the machine’s filters do not always work properly, and may provide false BAC results instead.

If you provided a blood alcohol breath sample after you were arrested, you need a Virginia DUI Lawyer experienced and knowledgeable about the DUI breath alcohol test machines. Although the State does not necessarily need a BAC result to convict you of DUI, your chances of being found not guilty increase greatly if the breath test result is excluded from evidence.

If you have been stopped or arrested for DUI or any crime, contact Virginia DUI Lawyer Bob Keefer right now for a free, no obligation case evaluation.

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