Reader’s Question:

I took the breath test before I was arrested for DUI but I heard that the breath test can be proven unreliable. How can the results of breath test be excluded in my DUI case in Terre Haute, Indiana?

Damion

Terre Haute, IN

There are several ways in which the results of a breath test can be excluded as evidence from your DUI case in Terre Haute, Indiana. There are certain criteria that need to be met because if not, the breath test results can altogether be thrown out as evidence. These include:

-the breath test technician should have a current certification
-the breath test machine should have current certification
-the breath test machine should be calibrated as often as required
-the mouthpiece should be changed before the test is given
-keeping records of the temperature of the calibrating solutions in the machine
-keeping logs of the tests run
-counting the number of times the calibration solution has been changed

If at least one of these criteria is not met, you certainly have big chances of having the breath test evidence be excluded for your DUI case. And tell you what, a good DUI defense lawyer could get copies of the various logs, the operator’s license or certification and the breath test machine’s maintenance records to prove that a violation of the breath test rules and regulations must have been committed.

Tags: breath test, drunk driving laws, DUI, DUI lawyer