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DISCLAIMER: Please note that every case is different and these verdicts and settlements, while accurate, do not represent what we may obtain for you in your case.

Non-Functioning Breathalyzer Makes a Difference in a DUI Case

I recently represented an individual who was pulled over at around 1am for drunk driving.  He was arrested and then taken to the police station to be given a breath test.  Unfortunately, the Alcotest breathalyzer was not functioning properly, so he was taken to another station.  Suffice to say it was not until he reached the fourth station, at around 4am, three hours after the initial stop, that they were finally able to get a reading.

However,  by that time the blood alcohol  reading was only 0.03%, well below the presumptive limit of intoxication (0.08%).  The field sobriety tests were also inconclusive as to intoxication, so I was able to convince the prosecutor that he could not prove a case for DUI beyond a reasonable doubt.  As a result, my client was able to plead to a lesser offense and keep a DUI off his driving record.

This illustrates that, although brathalyzers like the Alcotest are relied upon heavily by the courts to prove impairment due to drinking, if they do not function within set guidelines, their results are inadmisible.  So if you have been charged with DUI, call my office at 888-857-8418 or contact me through this site for a free consultation.  You may have defenses you don't know about.