If you are facing legal trouble related to a Breathalyzer test, we understand how confusing and overwhelming this situation can feel. A Breathalyzer test is commonly used by law enforcement to determine if a person is driving under the influence of alcohol. When you are pulled over and asked to take a Breathalyzer test, it can be difficult to understand your rights and options. You may be worried about the results and the impact they could have on your future. At our firm, we are here to guide you through this challenging process with understanding and care.
Breathalyzer tests are not perfect and they can be flawed in a variety of ways. It is important to know that improper procedures during the testing process can provide strong legal defenses to challenge the test results. In this blog, we will explore some of the key legal defenses against improper Breathalyzer test procedures that could help you achieve a successful outcome in your case.
Dan Sabol
Dan is the first attorney in Ohio to be both board certified in criminal trial law by the National Board of Trial Advocacy and be designated as a Lawyer Scientist by the American Chemical Society.
Chase Mallory
Chase Mallory is a firm founder whom has tried over 40 cases and conducted more than 100 suppression hearings. He is a founding member of the DUI Defense Lawyers Association
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Learn more about our teamUnderstanding Breathalyzer Test Procedures
Before we get into the legal defenses, it is important to understand how Breathalyzer tests work. The device measures the amount of alcohol in your breath by analyzing the sample you provide. Police officers are trained to properly administer these tests and ensure that they are conducted in accordance with specific protocols. Unfortunately, mistakes can happen, and improper procedures during testing can result in inaccurate or unreliable results.
There are strict rules and guidelines in Ohio that govern how Breathalyzer tests should be administered. If any of these procedures are not followed correctly, it can lead to a legal defense that challenges the validity of the test results. Let’s take a closer look at some of the key defenses.
Improper Calibration of the Breathalyzer Device
One of the most common defenses against Breathalyzer test results is that the device was improperly calibrated. Breathalyzers must be calibrated regularly to ensure that they are providing accurate readings. If the device was not calibrated correctly or was out of date, it could lead to inaccurate results.
For example, if the officer did not perform the required calibration checks before the test or if the device has not been serviced in a while, the accuracy of the test could be in question. A defense lawyer can look at the device’s maintenance records and calibration history to determine if the device was functioning properly at the time of your test.
Improper Administration of the Test
Another possible defense is that the officer did not administer the test according to proper procedure. Ohio law requires that Breathalyzer tests be given following specific steps. This includes ensuring that the individual does not consume food, drink, or smoke for at least 20 minutes before the test. This waiting period is important because anything consumed during this time could affect the results of the test.
If the officer failed to observe this 20-minute waiting period, it could provide grounds for a defense. In addition, the officer must ensure that the test is given in the right manner and that the Breathalyzer device is used properly. If the officer made any mistakes during the administration of the test, this could impact the test’s accuracy and serve as a defense.
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Health Conditions or Medical Issues
In some cases, a person’s health condition or medical issues may affect the accuracy of a Breathalyzer test. For example, individuals with certain medical conditions, such as diabetes or acid reflux, can have elevated levels of acetone in their breath. Acetone is a chemical that is similar in structure to alcohol and can result in a false positive reading on a Breathalyzer test.
Additionally, people who are on certain medications or who have specific health conditions may also be at risk of getting inaccurate results from a Breathalyzer test. If there is a possibility that your health condition could have influenced the test results, this could serve as an important defense in your case.
The Officer’s Failure to Follow Protocols
Law enforcement officers are required to follow strict protocols when conducting a Breathalyzer test. This includes properly documenting the test, making sure the device is functioning correctly, and ensuring that the test is conducted in the proper environment. If the officer fails to follow any of these protocols, it could provide a legal defense.
For example, the officer may have failed to record the exact time the test was given, failed to note the conditions under which the test was performed, or failed to properly document the results. Any deviations from the established protocols can be used to challenge the accuracy and validity of the test results.
The Reliability of the Breathalyzer Device
While Breathalyzer devices are widely used, they are not infallible. The reliability of the Breathalyzer device itself can sometimes be called into question. If the device was improperly maintained, outdated, or malfunctioning, it could produce false or inaccurate readings.
Additionally, the Breathalyzer device may have been affected by environmental factors such as temperature, humidity, or interference from other chemicals. If the device’s reliability is in question, your lawyer can use this as part of your defense to challenge the test results.
Challenging the Test Results in Court
If you have been charged with driving under the influence based on a Breathalyzer test, it is crucial to have an experienced attorney on your side to examine the test procedures and challenge any potential errors. Your lawyer will review all aspects of the case, including how the test was administered, the officer’s actions, and the reliability of the Breathalyzer device.
By questioning the accuracy and fairness of the test, your attorney can build a strong defense that may result in reduced charges or a dismissal of your case. In some cases, the prosecution may even choose to drop the charges altogether if they believe the test results cannot be trusted.
At Sabol & Mallory Law Firm, we understand that facing charges related to a Breathalyzer test can be a stressful and overwhelming experience. We are here to help you navigate the legal process and provide you with the support you need during this difficult time. Our team is dedicated to examining every detail of your case and finding the best possible defense strategy to protect your rights and future.
If you believe that improper procedures were followed during your Breathalyzer test, we encourage you to reach out to us for a consultation. We will carefully review your case and work to identify any potential defenses that could lead to a favorable outcome. Let us help you fight the charges and work toward a successful resolution.
Contact Sabol & Mallory Law Firm today to learn more about how we can help you with your Breathalyzer test case. We are here to stand by your side and fight for the best possible result in your case.