Fredericksburg DUI Defense of Breath Test Error

If you have been charged with a DUI after being administered a breath test, contact a seasoned DUI lawyer in Fredericksburg. An experienced attorney could build a Fredericksburg DUI defense of breath test error by investigating all aspects of your case. A defense strategy could be built by asking whether the operator of the breath test was properly trained, whether the operator performed the breath test correctly, if the breath test was calibrated recently, and anything else that sheds light on the result. A breath test will be admitted as evidence as long as certain requirements are met and in Virginia, there are not high requirements. To learn more about how a lawyer could help you with a Fredericksburg DUI defense of breath test error, call to set up a consultation.

Temperature of a Person’s Breath Impact on Test Result

Depending on the temperature of an individual’s breath and the breath test machine used, the temperature of the person’s breath can certainly alter the breath test results. A person’s breath temperature can make the results go higher or lower depending on which breathalyzer is used and how the test is administered. Condensation in the blow tube can also impact the breath test results. These issues can be raised when building a Fredericksburg DUI defense of breath test error.

Alcohol-Based Products can Alter Test Result

People should also know that alcohol-based products such as cough syrup and mouthwash can affect a person’s breath test results. If some alcohol-based products are in an individual’s mouth at the time that they are taking the test, then there could be a residual alcohol effect. However, the defense of alcohol-based products impact on a breath test is rarely used. One reason why is that it may be an hour after the stop before the officers get around to administering the breath test. After an hour or so, the residual effects of a cough drop or some mouthwash are not likely to affect the test.

Other Conditions that Could Change the Breath Test Result

An individual’s teeth can impact the breath test because they have certain bacteria in their mouth. This defense is not usually effective, however, there have been cases where people have medical issues that can change the breath test results.

There are other types of physiological or oral conditions that could change the breath test results, such as burping and acid reflux. If the defendant has one or more of those conditions, they should let their attorney know. The lawyer will then let the defendant know if their specific condition could be helpful to the case.

Information a Defendant Should Provide Their Defense Attorney

When a defendant meets with their DUI lawyer regarding a Fredericksburg DUI defense of breath test error, they should provide the attorney with any medical information that could be helpful. They should also tell the lawyer how the process of the breath test went and anything they remember the officer saying or doing. Once the attorney gathers as much information about the DUI stop and breath test, they could then begin working on a defense.

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