Medical Defenses to Breath Tests

Medical Defenses To Breath Tests

Most Illinois DUI cases involve a breath test at the police station, on the side of the road, or both. Illinois DUI attorney Brian Roberts understands the science and law behind the DUI breath tests. Breath testing can be a complicated area for an IL DUI Defense lawyer to challenge. The law presumes the accuracy of these machines with minimal evidence offered by the state.

In addition to legal defenses, there are many medical defenses to an IL DUI breath machine case. As discussed on our Evidential Breath testing device page, people with GERD, Acid Reflux, and other stomach or intestinal diseases will likely hold alcohol in their stomaches for prolonged time periods. When they hiccup, belch, or otherwise regurgitate some of that alcohol invariably reenters their mouth causing false readings on the IL DUI breath testing machines.

The IL DUI breath testing machines are equipped with slope detectors that are supposed to cause the machine to stop the testing process when you have alcohol present in your mouth. These slope detectors are not very reliable, however, and often cannot detect small amounts of alcohol present in your mouth at the time of the DUI breath test.

People with dentures, crowns, or other dental implants are also highly susceptible to false readings on the IL DUI breath machines. Small amounts of alcohol are often trapped in these devices and measured as blood alcohol on the IL DUI breath machines. Since this alcohol never entered your blood stream, it cannot possibly lead to intoxication. Thus, the machine’s readings are false, and you can be wrongfully convicted.

If you were arrested for an IL DUI, then call Carbondale, IL DUI Lawyer Brian Roberts right now for a free consultation. If you have any dental implants, dentures, or other hardware you have a defense to an IL DUI breath test. Call right now!