DC DUI Breath Test Errors

There is a small set of cases where a person’s breath test can be used by the defense lawyer affirmatively as a defense. For example, when the breathalyzer result shows a very low blood alcohol score, the defense presents that to show this person was not intoxicated.

If you are facing charges, it is important to know that breath testing in DC DUI cases is not an exact science. With an experienced lawyer to represent you, you can explore all avenues while building your defense, including DC DUI breath test errors.

Elements of the Defense

In any situation where a breath test is utilized by the police, the defense carefully scrutinizes the procedure used by the officer, the information about that specific machine, and information about their client to see if the breath test resulted in an inaccurate blood alcohol content score.

Those elements are considered in every case where a breathalyzer is used. The defense lawyer determines whether the officer correctly used a 20-minute observation period where they closely observed the person to make sure they did not belch or regurgitate, introducing any alcohol into their mouth.

When the officer does not do the observation period correctly, the results of the breathalyzer can be challenged as invalid. The same thing is true when the individual introduces any foreign object into their mouth such as a piece of gum. That can affect the validity of the breath test.

Another element the lawyer examines is whether the officer followed the correct procedures for the breath test. The defense lawyer looks at the breath test machine printout of exactly when the breath test occurred and whether there were any issues.

Further, the lawyer will examine the certification and calibration information about the particular breath machine to make sure that it was properly calibrated and properly certified; and whether the officer has the appropriate certification to run that specific type of breathalyzer.

All of these elements are examined whenever a breathalyzer is involved and the government entity uses that breath score against the individual.

Low Breath Score

It is unusual for the government to proceed with a case involving a low breath score. It means the government is proceeding under the theory that the person’s impairment was not caused by alcohol, but rather was caused by something else such as prescription drugs or illicit drugs. That is usually the situation when the breath test has a low score or even a score of a zero and proceeds to trial.

Meeting with an Attorney

Any person talking to their attorney in a DUI case that involves a breath test must have a full and candid conversation about any medical issues in general and specific to the incident. The person should discuss the process from their perspective.

Currently in DUI cases in DC, police officers are required to wear body cameras. Footage from that and from the police station where the breathalyzer test took place can be most helpful to the defense lawyer.

The lawyer can compare the police officer’s version of events in their written report to what is seen on camera. The lawyer also wants to get the person’s perspective about what took place, what they shared with the officer, any health conditions they have, and any external items in their mouth such as dental work or a mint.

Ultimately, the lawyer is looking for anything of that nature to make sure the breath test was done accurately. Their client has an opportunity to share pertinent information about any issues they experienced that might have resulted in any number of DC DUI breath test errors.