Can I Challenge The Results Of a Drunk Driving Breath Test?
The validity of breath testing rests upon a vast array of assumptions that can be attacked by an experienced OVI and DUI defense attorney in a wide variety of cases, beginning with challenges to the following common assumptions: 1. Assumption: The machine is in proper working order and has been properly calibrated. Even if everything is in proper working condition, there can be an acceptable variation of +/- 0.02%. If your result is a 0.10%, that’s a 20% error factor. How would you feel if the altimeter of an airplane was 20% off? 2. Assumption: The sample was properly obtained. The law requires that you be under continuous observation for 15 minutes prior to your breath test to prevent “mouth alcohol.” If the operator of the breath device did not have you under continuous observation for 15 minutes prior to testing, your test may be invalid. Even if you were observed, you may still have medical conditions that may make you an improper candidate for breath testing.These conditions incl
