Utah Lawyers Fighting DUI Breathalyzer Test Evidence
There are three main types of breathalyzer tests currently in use in Utah:
- Portable Breath Test or PBT (a field breathalyzer test model that only detects the presence or absence of alcohol)
- Intoxilyzer 5000 (the breathalyzer test you see at most police stations)
- Intoxilyzer 8000 (a portable model that is supposed to provide valid results that are admissible in court)
If you were arrested for DUI based on breathalyzer test evidence, you may have a strong case to have the charges dismissed. Why?
- Many officers are not certified to operate a breathalyzer test or have an operating certification that has lapsed
- Many of these machines are not calibrated properly or receive inadequate maintenance and inspection
- Many procedural errors, such as PBTs that are conducted before a field sobriety test, can invalidate the result and may lead to your case being thrown out on the merits
The aggressive DUI defense attorneys at the Ogden law offices of Kristopher K. Greenwood, LC, have the experience and detailed understanding of the law and science of drunk driving defense to fight for your rights against faulty or improper breathalyzer test evidence. Contact us today for a free and completely confidential consultation.
Refusing to take a breathalyzer test can result in an 18-month driver's license suspension. We can help you regain your driving privileges after a breath test refusal by petitioning the appropriate court.
Breath Test Evidence is Notoriously Unreliable
Portable Breath Tests are only supposed to be used to confirm an officer's suspicion that a driver has been drinking. Standard police procedure calls for a PBT to be used only after a field sobriety test has been administered. When officers fail to follow procedure, the entire case may be thrown out.
The manufacturer of the Intoxilyzer 5000 claims that it can detect any substances that might interfere with a blood alcohol reading and subtract the effect of these substances from the readout. This is true only if the machine is properly calibrated and operated by a professional with sufficient training.
The Intoxilyzer 8000 is a relatively new field model breathalyzer test in use in some jurisdictions in Utah. Although this machine provides evidence of blood alcohol content (BAC) that is admissible in court, the same problems with operator error, lack of certification and machine miscalibration apply.
If you were arrested and charged with DUI in Utah based on breathalyzer test evidence, the lawyers of Kristopher K. Greenwood, LC, in Ogden can offer you experienced, knowledgeable and aggressive defense representation. Call our offices today at 801-475-8800 or contact us by e-mail now for a free consultation.
