Breath Test Defenses

Breath Test Defenses

There are a number of breath test defenses to an Illinois DUI.  This page will list some of the more common Top 10 defenses, but understand that only a skilled Illinois DUI attorney like Brian Roberts can tell you which of these defenses can be successfully employed in your case.  All IL DUI cases and defenses depend on a variety of facts that have to be carefully studied.

1.  Machine was out of calibration

2. Radio Frequency Interference

3. Improper testing procedures by the testing officer

4. Insufficient observation period by the officer

5. Medical conditions, such as GERD and other gastrointestinal illnesses

6. Partition ratio defenses

7. Using BAC – BAC was under .08 at the time of driving, but rose before breath testing

8. Improper breathalyzer maintenance records

9. Unqualified breath test operator

10. Mouth alcohol was present at the time of testing

While it is never a good idea to rely solely on one defense when you are charged with an Illinois DUI, some of the above defenses can result in the evidence of the breath test results being excluded from court.  Others of these defenses must be proved up to the fact finder (the jury in a jury trial, the judge in a bench tried case).  Nevertheless, if we can show any of these top breath machine defenses are valid in your case we are in a much better position to win your case at trial.

If you have been charged with an Illinois DUI then call IL DUI attorney Brian Roberts right now for a free consultation.  You only have a limited time to protect your driver’s license after you have been arrested.  Do not wait.  Call us right now.