Don’t Be Fooled – There Are Defenses to Breathalyzer Tests
A lot of people think that if you are pulled over and arrested by a police officer for DUI and he administers a breathalyzer test on you that that is the end of the ball game for you. Some people think there is simply no defense to such results. “The breathalyzer showed by at a blood alcohol content of 0.81, what can I do?” It may come as a surprise to many that there are a number of defenses to DUI breath tests.
The attorneys at Salcido Law Firm know those defenses and will use them to protect your rights and to protect you against DUI charges in Salt Lake City and anywhere else in Utah.
The Intoxilyzer – Utah’s Breathalyzer
The breathalyzer of choice by Utah’s police, sheriffs, and highway patrol troopers is the Intoxilyzer, which is a good machine but which definitely has its weaknesses. In any given case we will be able to discover the weaknesses of the particular machine in your case.
The Intoxilyzer Results can be Manipulated
There are a number of ways that the results of the intoxilyzer can be manipulated. One rule of thumb is that “the longer you blow the higher you go.” What this means is that the longer you blow into the Intoxilyzer the higher the BAC will be returned. There are many recorded instances in which the law enforcement officer administering the test pushes the DUI defendant to blow and blow and blow for much longer than is required in order to get the desired results. Typically, you only need to blow into the machine for 2 to 5 seconds depending on the machine.
Another way that breathalzyer results can be manipulated is if the machine operator does not wait long enough after the DUI defendant has had his last drink to initiate the test. Waiting an appropriate amount of time is important because alcohol remaining in the mouth will result in the machine reading a much higher BAC than if the mouth were clear.
Contact Salcido Law Firm for Your DUI Defense
Our attorneys will protect you to the fullest extent. We will study the Intoxilyzer’s records to make sure that law enforcement followed the law in making sure it was a proper working machine. We will evaluate every fact that could possible result in false positive readings. Don’t trust your DUI defense to anyone else.
Call us at 801.618.1334 to schedule your free consultation with one of our criminal defense attorneys.