Breathalyzer Test Results and Officer Testimony
In DUI cases, the two factors that play a significant role in determining the outcome are the results of the Breathalyzer test and the officer’s testimony regarding the driver’s behavior. However, not all drivers exhibit signs of intoxication, and some are pulled over for reasons other than erratic driving. In such cases, the decision to arrest for DUI is usually based on the officer’s observations and judgment.
Breathalyzer Calibration Explained
Breathalyzers measure the amount of alcohol in a person’s breath by analyzing parts per million. They use a breath-blood alcohol ratio to determine whether the driver’s blood alcohol content is at or above the 0.08% level that supports a per se DUI charge. Therefore, accurate calibration is vital in Breathalyzer tests to avoid wrong results. Breathalyzers must be accurately calibrated to make this determination. Calibration errors can result from not calibrating frequently enough or not calibrating the device at all.
Calibration Interval and Maintenance
Standards show that Breathalyzers should be calibrated about once a month. However, even when proper calibration intervals are satisfied, a Breathalyzer could still be improperly calibrated if maintenance procedures are not followed. Minute errors or variations can create significant errors in results because the device measures small amounts of alcohol in the breath. Such discrepancies can have significant impacts on the results of the test and, ultimately, on the outcome of the case.
Inadmissible Results and Case Dismissals
Breathalyzer machines must be correctly calibrated; otherwise, the results are inadmissible in court. Improperly calibrated Breathalyzer machines can result in false test results, and the accused can challenge their convictions in court. For instance, in New Jersey, over 20,000 DUI convictions were challenged because of false calibration records, and the accused are free to challenge their convictions. Similar challenges occurred in the District of Columbia and San Francisco, where DUI convictions were either dismissed or thrown into question due to improperly calibrated Breathalyzers.
Impact on DUI Case Outcomes
An improperly calibrated Breathalyzer will not automatically result in the dismissal of a DUI case. However, it can significantly increase the chances of earning an acquittal. When a significant portion of the prosecution’s case is flawed, it brings other aspects of the case into question. If the Breathalyzer was not maintained correctly, what other errors occurred during the arrest or investigation? While it is not automatic, the dismissal for an improperly maintained Breathalyzer becomes much more likely.
Seeking Legal Representation
If you are facing DUI charges, you need the best legal representation possible. The consequences of a DUI conviction are severe, and it is imperative to find the right defense to avoid them. Criminal defense attorney Scott Kent can provide that strong defense. With decades of experience, including years as felony prosecutors, Scott Kent has the inside knowledge and experience to put forward an aggressive defense for you. For a consultation contact us in DuPage, Kane, or Cook County, contact us 24 hours a day at (630) 474-8000.