Our firm knows how to handle the breath test results involved in your DUI case. Our aggressive DUI defense attorneys have experience with these tests, including detailed knowledge and understanding of the law as well as the science behind them. We are ready to fight for your rights against faulty or improper Breathalyzer test evidence.
Which Tests Are Used?
There are three main types of Breathalyzer tests currently in use in Utah:
- Portable breath test or PBT (a field breath test model that only detects the presence or absence of alcohol)
- Intoxilyzer 5000 (the breath test you see at most police stations)
- Intoxilyzer 8000 (a portable model that is supposed to provide valid results that are admissible in court)
You have a right to refuse the portable breath test as well as any field sobriety tests, and our law firm can help you defend your rights if you have refused these tests before your arrest.
After you have been arrested, if you refuse to take the breath test, you could be subjected to an 18-month driver’s license suspension. We can help you regain your driving privileges after a refusal by petitioning the appropriate court. Call our office at (801) 475-8800 to learn more about your options.
Dismissing The Charges
Because the implications for breath testing rely on perfect procedures and maintenance, if you were arrested for DUI based on Breathalyzer evidence, you may have a strong case to have the charges dismissed. Why?
- Many officers are not certified to operate a Breathalyzer or they 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 results and may lead to your case being thrown out on those merits
- Food and other substances can interfere with the BAC readings of the machine
Breath test evidence is notoriously unreliable. PBTs 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. This is why it is important to pay attention to the officer throughout your ordeal. Speak to one of our lawyers to find out more about using your Breathalyzer results to your advantage.