Challenging the Breath Test
Chicago DUI Lawyer
DUI charges are filed based upon a failed
breath test. Although there are three different methods law enforcement will use to
test for the presence and amount of alcohol and drugs in a driver's
system, a breath test is typically the most frequently used method.
There are two primary reasons a driver will need to consult with an attorney
after taking a breath test. A defense attorney can assist a driver who
has "failed" or "refused" a breath test. Failing a
breath test would mean that the driver showed a result of .08% or greater,
or .02% or greater if the driver is under the age of 21. A driver may also face
license suspension and possibly other
penalties if he or she refuses to take a breath test after an arrest for suspected
DUI. Under Implied Consent laws, drivers are considered to have given consent
to alcohol testing after a drunk driving arrest (to obtain your driver's
license in Illinois you sign a paper that includes a clause to this extent).
Arguments to Contest the Breath Test
Although you may have been accused of failing a breath test, there are
ways that an experienced lawyer may still be able to help you avoid a
conviction. This may include bringing about such
- The breath test operator was not licensed. In Illinois, a breath test operator
must have a valid license for test results to be admissible.
- The Breathalyzer machine malfunctioned. If a breath test device is improperly
calibrated or maintained, it may malfunction.
- The breath test device used was not listed on the Federal List of Approved
Breath Evidential Instruments.
- The breath test was not administered properly.
- The test was carried out with a portable breath test device, the results
of which are inadmissible as evidence in court.
- Breath test results are invalid due to an interfering substance –
another substance that contains alcohol (cough syrup, asthma medicine,
etc.) that may have led to a false positive.