Practicing law in the area of DUI defense is becoming more and more complicated every year. New devices are being researched and designed to ensure greater accuracy in determining ones blood alcohol content though a breath test machine. Prosecutors and law enforcement are doing everything they can to ensure greater convictions for those accused of a DUI.In today’s day and age of technology many people are placing great weight on the results of a breath test in a DUI case. And in all honesty as an attorney when there is a breath test in a DUI case it can be a little bit more difficult to defend. However there are some basic discovery techniques one can do in a DUI case to ensure the test is as reliable and as accurate as Prosecutors and law enforcement say.
Ensure the test was administered properly: bipap breathing machine Probably the biggest issue I see in breath test cases is operator error. Meaning the law enforcement officer does not administer the breath test properly and therefore the results are neither accurate or reliable. This can occur in many ways, and is usually discovery one of three ways. Either the law enforcement officer will write something in the police report, or the subject will remember something unusual, or the administration of the test is recorded.Ensure the breath machine was maintained properly: Generally each state has a breath test program where each machine is maintained regularly to ensure it is in proper working order. Usually I don’t see as many issues regarding this because it is pretty uniform and routine maintenance. Meaning there are steps and regulations that need to be followed and documentated. However these records are always kept and they should always be reviewed to ensure everything is done correctly.Science of the actual machine: Generally a last ditch effort in a
breath ticket DUI case is to challenge the actual science of the machine. How it operates and how it measure blood alcohol content through an individuals breath. In a typical DUI case this kind of information will generally go right over a jurors head, and an expert would need to be called to testify to really be able to explain any arguments being made.In the legal community many defense attorneys don’t place great weight in breath machines due to a combination of all the issues described above. Its important to research all and investigate to determine any issues that may be used to challenge the results.