One of the crucial pieces of evidence that prosecutors and law enforcement rely on for DUI, OVI and other drunk driving arrests is the use of a Breathalyzer. However, many experts admit breath testing is subject to many different types of problems and inaccuracies. If you have been arrested for drunk driving, it is vital to have a lawyer on your side who knows how to effectively challenge Breathalyzer results.
I am a lawyer with a unique set of skills, including a Ph.D. in criminology and a wealth of knowledge in forensic evidence. I frequently and successfully make Breathalyzer challenges before courts throughout Ohio.
With more than 25 years of experience defending against DUI charges, I know how to explore the evidence surrounding Breathalyzer challenges in Athens. I know how to find errors, technological malfunctions, and mistakes in interpretation to give my clients the best defense possible.
There are many ways to challenge a Breathalyzer that can lead to a reduction or dismissal of the charges, including:
Some of the issues that can impact the accuracy of these tests might not be obvious on the surface. Having a clear understanding of how important breathalyzers are to the state can help you assist with your own defense. I can review the use of a breathalyzer device in your Athens case and determine if there are any potential defenses available.
Whether or not the court admits the results from a breath test in an OVI case is often the difference between a conviction and an acquittal. In many situations, the state relies entirely on the results of these tests to establish that a driver was impaired while behind the wheel. If the defense is able to discredit these results or have them excluded from the trial entirely, it can devastate the prosecution’s case.
There is a presumption under the law that drivers with a blood alcohol concentration (BAC) of .08 or above are impaired. This presumption is usually vital to the state’s case, especially if there is no other evidence that the accused consumed alcohol at all, much less was impaired.
The use of breathalyzer devices is widespread among law enforcement, and the results of these tests have been used to convict countless people of drinking and driving. However, there are times when these results can be inaccurate.
Like most types of testing, there is some variance in the accuracy of one machine to another. That said, external factors can dramatically increase the risk of false positives or inaccurate results. For example, when the driver burps or vomits, it can introduce alcohol from the stomach that can give an artificially elevated blood alcohol concentration (BAC). Other issues can include:
Because of the high risk of error, law enforcement officers are expected to follow a strict protocol when it comes to collecting breath samples. The failure to do so could make the results inadmissible in court.
Challenging the results of a breath test is one of the strongest available defense strategies in an OVI case. In some situations, it may be possible to file a motion with the court asking that the results be thrown out entirely. This can lead to the state dropping all charges in some situations, given that most prosecutors build their case around these results. As an Athens attorney, I can make a tremendous difference in the outcome of your case based on the Breathalyzer testing alone.
I will look for any other additional ways to challenge the validity of the breath test results. My goal is always to minimize the consequences you are facing, including fines, jail time, suspension of your driving privileges, points on your driving record, and an increase of your insurance rates. Contact us to learn more.