Kinney Law, pc

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121 W. Hudson Street
P.O. Box 729
Spearfish, SD 57783

Phone: 605-642-2147
Fax: 605-642-4079
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3 ways to use breathalyzer test results in your DUI defense

If you are dealing with a DUI charge in Spearfish, you might not realize the different strategies you can use to strengthen your defense. Whether you plan to plead your innocence or hope for the prosecutor to offer a plea deal, it is best for you to consider all possible DUI defense tactics

If you took a breathalyzer test at the time of your arrest, your attorney might be able to call into question the accuracy of your results. It is important for you to not take a DUI charge lightly. A conviction carries penalties that can make it more difficult for you to get back on track. Here are some ways your attorney may challenge breathalyzer evidence in your case: 

You have a medical condition that causes false positives 

Some medical conditions cause certain people to blow false positives on the breathalyzer, even though they have not been drinking alcohol. For example, GERD, diabetes and auto-brewery syndrome are three of several medical conditions that cause the body to mimic some symptoms of alcohol intoxication. There is also the possibility that you have a health issue that requires you to take medications that cause impairment. 

You belch or vomit before breathalyzer testing 

Police officers are trained to not administer breathalyzers immediately after suspects burp or vomit. People who suffer from acid reflux or belch before blowing into the device end up with higher results. Law enforcement officers are trained to try to administer testing before this occurs to prevent issues with the results. 

Not properly calibrated or defective 

Breathalyzer devices must be regularly calibrated to ensure accurate results. When officers fail to calibrate and test their equipment before using it, defendants may be able to have their breathalyzer results tossed out. 

To use any of the above arguments in your DUI defense, you must be able to prove them. Your attorney can subpoena maintenance records and other crucial pieces of evidence to help successfully dispute your breathalyzer test results.

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