Defending Against Blood And Breath Tests
One of the biggest concerns of people facing DUI charges involves the blood and breath tests issued by the police during the stop and at the station after the arrest. If you have been arrested for DUI, the blood and breath tests can have a severe impact on your case. It is important to work with an experienced Baldwin County breathalyzer test defense attorney to help you get the best outcome possible in your case.
At Beckdefense, we defend clients throughout Southwest Alabama against DUI charges. With more than 35 years of combined legal experience, including experience as a prosecuting attorney, John W. Beck and our entire team have a thorough understanding of these tests, their value in DUI trials and the ways to discredit them in our clients’ cases.
Breath Tests ∙ Refusal And Failure To Blow
There are two main types of breath tests: the roadside breath test and the Draeger breath test. The roadside test is the test the police will give you at the point of arrest. The Draeger is the machine used at the police station if you are brought in. If you refused the Draeger test, you could be forced to use the interlock device and face an additional 90-day license suspension.
While many attorneys will tell all of their clients to never blow, I disagree. If you have numerous prior DUI convictions and have a good chance of fighting it in court, it might be better to refuse to take the test. However, if this is your first stop for DUI, and you know you are not far over the legal blood alcohol content (BAC) limit, it might be advisable to take the test to avoid the further penalties that come with refusal to blow.
The breathalyzer test issued by the police after you have been arrested and brought into the station carries much more weight at trial. However, there are a number of problems with breathalyzer testing that could help your case, including:
- Malfunctioning machines: We have a wealth of experience and knowledge regarding the breathalyzers. They are not perfect machines. We can explore whether there were any problems with the machine itself when you took the breathalyzer test.
- Foreign objects: If you have candy or a mint or anything else before taking the test, it could skew the results.
- Procedural errors: If the police conducted an illegal stop, an illegal search and seizure, failure to properly explain your rights to you or other procedural error, it could render the results of the breathalyzer test inadmissible in court.