Reliability of Breath Tests in Kansas

Overland Park DUI Lawyer

A person can be arrested and convicted on a DUI charge based on the results of a breath test showing a blood alcohol concentration (BAC) of .08% or higher. At the Neighbors Law Office, a frequently asked question surrounds the reliability of these tests and whether they are infallible. My practice focuses almost solely on DUI law and defending DUI charges and my 30 years of experience have shown that there are many instances where breath tests can be proven to be unreliable.

Police departments in our state depend on the Intoxilyzer 8000 to determine the BAC of suspected drunk drivers. As a skilled trial attorney, it is my job to know this machine and its faults. The integrity of these tests can be greatly influenced by errors in procedure by a police officer, factors in the environment and physiological elements which can skew the results.

As soon as you are arrested, it is vital to contact a seasoned Overland Park DUI defense attorney who knows the Intoxilyzer 8000 and can exploit its faults in combatting the charges against you.

Breath Test Limitations

• Some of the known faults in breath tests using the Intoxilyzer 8000 are:
• That the machine can mistake mouth alcohol, which can be caused by a variety of factors outside of intoxication, for breath from the lungs used to measure BAC
• Electrical and radio interference, such as the use of mobile phones, police scanners, radios and varied voltage in electrical lines can influence the device
• The officers who administer the tests are commonly unfamiliar with the manufacturer's own manual and may, therefore, fail to follow proper protocol in its use
• The accuracy of the machine is tested just one time a year. Also, law enforcement is supposed to calibrate and check the devices regularly and keep records of this maintenance. Review of these records may reveal insufficient upkeep to ensure reliability
• If the body of the drunk driver is not in the correct position or the suspect ingests anything 20 minutes prior to the test, the results can be in error
• Physiological or medical conditions in a person can cause a falsely high BAC

Contact Neighbors Law Office Today!

Countless DUI cases have been won based on the unreliability of a breath test but it takes an attorney who knows the device and is willing to fights hard for his client's rights. Breath tests for DUI can produce incorrect results. Find out how by contacting an Overland Park DUI lawyer from my firm.