CHALLENGING BREATHALYZER TESTS IN DUI DEFENSE
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 offices in Lancaster and Athens, Ohio, and more than 20 years of experience defending against DUI charges, I know how to explore the evidence surrounding Breathalyzers. I know how to find errors, technological malfunctions and mistakes in interpretation to give my clients the best defense possible.
BREATH TEST CHALLENGES AS PART OF A COMPREHENSIVE DRUNK DRIVING DEFENSE FOR DUI, OVI
There are many ways to challenge a Breathalyzer that can lead to a reduction or dismissal of the charges, including:
Showing that the breath test used is not on the list of approved devices issued by the Federal List of Approved Breath Evidential Instruments and the ISP-approved list of devices
Uncovering that the operator of the breath test has an expired or invalid license
Exposing that the breath test instrument used recently malfunctioned or was repaired
Revealing that police only conducted one test, not the minimum two tests required by the manufacturer to be considered useable for evidentiary purposes
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.