| Just because you failed a breathalyzer test, it doesn't | | | | for 20 minutes prior to giving the test. The 5 minute |
| mean that you are necessarily guilty of drunk driving. | | | | difference may not appear to be great, but it can |
| Drunk driving must be proven beyond reasonable | | | | affect the test results. |
| doubt. If you hire an experienced drunk driving lawyer, | | | | There also may be questions as to whether or not the |
| he may be able attack the breathalyzer test and | | | | machine was properly calibrated or whether or not the |
| create reasonable doubt. If your lawyer does create | | | | test results were property recorded. |
| reasonable doubt, you win. | | | | An experienced drunk driving lawyer will know the |
| All states have laws which say that if someone has a | | | | exact procedure required for a particular breathalyzer |
| blood alcohol concentration (BAC) level of .08 or higher, | | | | machine and will question the test giver on the |
| the person is presumed to be guilty of drunk driving. | | | | procedure. If the exact procedure was not followed, |
| But, this is a presumption that can be rebutted by | | | | then there is a question as to the validity of the test |
| showing that the breathalyzer test may not be | | | | results. |
| accurate. | | | | 3. Attack The Test Results |
| There are three ways to attack a breathalyzer test. | | | | Even if the test giver is certified and followed the |
| 1. Attack The Test Giver | | | | exact procedure required for a particular type of |
| Different machines are used to measure a person's | | | | machine, the test results can still be erroneous. |
| BAC level. To insure that the test is given fairly and | | | | Different substances or factors can effect the test |
| that the results are reliable, anyone giving a | | | | results. For example: |
| breathalyzer test must be trained and certified on how | | | | - Inhaling lacquer fumes, paint solvents, glue fumes, |
| to use the type of machine that was used for a | | | | gasoline fumes, or dry cleaning agents may cause as |
| particular test. If a test giver was trained on machine | | | | false results. |
| type A, but the particular test given used machine type | | | | - Ingesting asthma spray, certain types of bread |
| B, then there is a question as to whether or not the | | | | products, breath mints, or other products that contain |
| test was fairly given. | | | | forms of legal alcohol may have a negative affect on |
| Experienced drunk driving lawyers will often question | | | | the test and cause bad test results. |
| the test giver about his training, certification, and | | | | - Foreign substances in the mouth such as dental |
| recertification. | | | | adhesive or even blood can also cause false test |
| 2. Attack The Way The Test Was Administered | | | | results. |
| Different machines use different methods to determine | | | | This is general information only. If you have any |
| BAC, and different methods require different | | | | questions whatsoever, talk with a lawyer licensed in |
| procedures to be followed in order to have reliable test | | | | your state. |
| results. For example, for certain machines, the test | | | | This article may be republished, but the wording must |
| giver must observe the person given the test for 15 | | | | not be changed and the author links must remain |
| minutes prior to giving the test. With other machines, | | | | active. |
| the test giver must observe the person given the test | | | | |