Being pulled over and asked to take a breathalyzer test can be a nerve-wracking experience. If the result shows you’re over the legal limit, it might seem like the end of the road—but it’s not. A DUI charge, especially one based on breathalyzer evidence, is not always airtight. In fact, there are several legal avenues a skilled DUI lawyer can explore to challenge the results and potentially get charges reduced or dismissed. If you’re looking for ways to defend yourself, you’ll find more here on how a DUI lawyer can turn the tide in your favor.
The Reliability of Breathalyzer Tests
Most people assume breathalyzer results are foolproof, but that’s far from the truth. These devices can be prone to error due to improper calibration, user mistakes, or even environmental factors. For example, something as common as mouthwash or certain medical conditions can affect results. Even the model of the device used by the arresting officer may have known issues or inaccuracies.
A DUI lawyer will dig into the specifics of your case to uncover any flaws in how the test was administered. Many jurisdictions need 15 minutes of observation before the test. Was this done? Was the machine calibrated recently? Did the officer receive proper training? These queries could disclose major prosecution evidence flaws.
Understanding the Chain of Custody and Documentation
Any breathalyzer result that makes its way into court needs to be supported by solid documentation. This includes records showing the machine’s maintenance, calibration logs, and the officer’s certification. A DUI lawyer will carefully examine the paperwork to ensure nothing was overlooked or mishandled.
If the chain of custody isn’t well-documented or the calibration records are incomplete, it may be enough to call the test results into question. In some cases, the court may rule the evidence inadmissible—an outcome that could lead to your charges being dropped entirely.
Field Conditions Matter
It’s not just about the device. External conditions during the stop can also affect your breath test results. Were you in a cold or hot environment? Were you breathing heavily or recently used an inhaler? These seemingly minor details can cause false positives. A knowledgeable DUI lawyer understands how to frame these factors effectively in your defense.
Additionally, certain diets—like those high in protein and low in carbs (such as keto)—can result in elevated acetone levels, which may be misread as alcohol by some breathalyzers. If you’re looking to learn more here about such specific defenses, a DUI attorney with experience in technical DUI cases will be your best resource.
Negotiating and Suppressing Evidence
Even if the breathalyzer test result seems conclusive, your lawyer can fight to suppress it from being used in court. This might happen if the officer didn’t have probable cause to stop you in the first place or if you were denied your right to speak with an attorney before taking the test. Suppressing that one piece of evidence can make all the difference in the outcome of your case.
In situations where complete dismissal isn’t possible, your lawyer can still use weaknesses in the breathalyzer evidence to negotiate a plea deal. This might result in reduced charges, lower fines, or a shorter license suspension—outcomes that are much better than a full conviction.
The Bottom Line
Getting charged with a DUI after failing a breathalyzer test isn’t the end of your story. Many cases have more to them than meets the eye. A skilled DUI lawyer can question the breathalyzer and fight for your rights by reviewing calibration records and discovering medical or environmental issues that may have skewed results.
If you or someone you know is facing DUI charges, don’t assume the evidence is unbeatable. Contact a reputable DUI attorney who can evaluate your case thoroughly and help you take back control of your future. Breathalyzer results may be intimidating—but with the right legal help, they don’t have to be the final word.
