Can You Use a Breathalyzer Flaw as a Defense for a DUI? | IL

 Posted on August 28, 2024 in DUI and Breath Alcohol Tests

If you have been charged with driving under the influence (DUI) in Illinois, you might wonder if there are ways to challenge the evidence against you. One potential defense strategy involves questioning how accurate the test results are. At the Scott F. Anderson, Attorney at Law, our Illinois lawyer with experience as a prosecutor has unique insight into defending DUI cases and can assist in determining how to use breathalyzer flaws as a defense in DUI cases.

Common Flaws in Breathalyzer Testing

Breathalyzer devices measure the amount of alcohol in your breath to estimate your blood alcohol concentration (BAC). Police officers use these devices during traffic stops to determine if a driver is over the legal limit. In Illinois, the legal BAC limit is 0.08 percent for most drivers. However, breathalyzers are not perfect. They can produce inaccurate results because of various factors, including:

• Improper calibration

• Environmental interference

• Medical conditions

• Residual mouth alcohol

• User error

How Breathalyzer Flaws Can Help Your Defense

Identifying and proving flaws in breathalyzer results can be a powerful defense strategy in DUI cases. Here are some ways your attorney might challenge breathalyzer evidence:

• Questioning the device’s maintenance records

• Examining the officer’s training and certification

• Investigating potential environmental factors

• Exploring your medical history for conditions that might affect results

Your attorney might also examine the specific make and model of the breathalyzer that was used in your case. Some devices have known issues or have been subject to recalls.

The Importance of Professional Testimony

Professional testimony is often necessary to dispute breathalyzer results. A qualified expert plays an important role in building a strong defense based on breathalyzer flaws. These professionals can explain the science behind breathalyzer technology. This can help judges and juries understand how these devices work and where they might fail.

They are skilled at identifying potential errors, from device malfunctions to other mistakes. By providing plausible scenarios, these professionals can challenge high BAC readings and raise reasonable doubt.

Other Factors to Consider

While breathalyzer flaws can be a valuable defense, they are not the only factor in a DUI case. Your attorney will also examine other important elements. These include the reason for the initial traffic stop, field sobriety test results, video evidence from police cameras, and witness statements. A defense strategy considers all available evidence and legal options to build the strongest case possible for you.

Reach Out to a Rolling Meadows, IL Criminal Defense Lawyer

If you have been charged with a DUI, speak with an Arlington Heights, IL criminal defense attorney as soon as possible. A skilled lawyer can evaluate the strengths and weaknesses of your case, including potential breathalyzer flaws, and develop an effective defense strategy. Call Scott F. Anderson, Attorney at Law at 847-253-3400 for a free consultation.