What are 10 common challenges to breath tests in DUI cases?
1. The DUI Breath Test Machine Was Not Properly Operated. 2. The DUI Breathalyzer Machine Was Not Properly Maintained. 3. The DUI Breath Test Machine Was Not Properly Calibrated. 4. The DUI Breathalyzer Machine Was Affected By Radio Frequency Interference (Police Radio etc.). 5. The DUI Breath Test Machine Has an “Acceptable” Range Of +/- .02%. 6. Your Body Temperature Was Greater Than 98.6 When You Were Given the DUI Breathalyzer Test. 7. You Were Tested With the DUI Breathalyzer Machine within 2 Hours from Your Last Drink. 8. You Have Medical or Dental Problems That Make You an Improper Candidate for Breath Testing. 9. The Officer Did Not Have You under Continuous Observation for 15 Minutes Prior To Giving You the DUI Breath Test. 10. Your Symptoms and Drinking Pattern Are Inconsistent With the DUI Breath Test Result. The prosecution bears the burden of proving its case before it can get a conviction against you for DUI. You have a right to challenge the evidence. Call Orange County
