Breath Test

Our Lexington DUI Attorney Can Challenge Your Breath Test

You just took your first breath test. You can’t believe the results. You were supposed to be the designated driver for your group’s game day party. What happened? The officer states your result is accurate and you are over the legal limit. Don’t panic. Clear your head and try to keep track of all the events around you, from several hours before the officer stopped you for a broken taillight until you gave us a call.

Above all, don’t ever let breath test results scare you into pleading guilty. We have the experience and knowledge to help you when your breath test doesn’t seem right.

Understanding How Much Actual Alcohol?

Your blood alcohol content (BAC) correlates with the amount that you have to drink. As you will find out, there are many factors and abnormalities that can skew the results of a blood test. Below is a basic chart estimating the BAC based on weight, sex, and the amount of drinks.


 

How Alcohol is Processed

The metabolism of alcohol takes place in the liver. The body can burn approximately ½ ounce of alcohol in one hour. The liver eliminates approximately 90 percent of the alcohol from the body. The rest is eliminated through the lungs, perspiration, and urine. The only thing that sobers you up is time.

There are several factors that can affect whether a person is intoxicated.

Factors That Affect BAC Other Factors Which May Affect Your Driving Ability

Factors That Affect BAC Other Factors Which May Affect Your Driving Ability
  • Health
  • Body Weight
  • Food in the Stomach
  • Amount Consumed
  • Rate of Consumption
  • Sex
  • Age
  • Prescription Drugs
  • Over-the-Counter Drugs
  • Inhalants such as glue, gasoline etc.
  • Illegal Drugs

Inaccurate Breath Test

A breath test result is never perfect. The results can be influenced by many factors and the result will be incorrect. Whether you have a physical condition that affected the test, or there was faulty equipment or administration of the test, we have the knowledge to defend against an inaccurate breath test.

Some physical conditions that can affect the breath test include endogenous ethanol production which is the process of the body naturally producing alcohol. This condition occurs in everyone and could produce enough alcohol to produce a higher breath test than what you have had to drink. Another example is diabetics suffering from hypoglycemia may also produce false results on a breathalyzer.

Failures in the testing equipment may also result in a faulty result. If routine maintenance and operation on the equipment is not completed, the possibility of a faulty result in testing increases. Maintenance, no matter often it is completed still cannot protect you from an inaccurate test reading if the person giving the test does not follow substantially follow testing procedure. Test operators must be certified and trained in administering the test. For example, before performing the test the officer must observe you to ensure that you do not eat, drink, burp, or vomit among other things prior to the test.

Because of all these variables, the tests accuracy can be questioned in most cases.

An Experienced Lexington DUI Attorney Knows When To Challenge A Breath Test.

Although the prosecution may have what appears to be an above the limit breath test on you, it is not the end all be all of your case because it may be inaccurate. The science and mechanics behind how results are generated by the breath test machines is not absolute. There are several factors that can affect the result.

Regardless of what you breath test results say, we can defend you against your DUI charge.

DUI Case

A Relieved Client

“Mr. Dan Carman provided me legal representation after the sudden death of my longtime friend and legal counsel, Gatewood Galbriath. Mr. Carman took my case, and followed in the steps of Gatewood. His knowledge of the law is exceptional. I have been through multi-million dollar legal cases, with some of the foremost attorneys in the U.S., and Mr. Carman could hold his on with the best. I highly recommend him to anyone with a legal problem, no matter how large or small.”

DUI Case

A Grateful Client

“Dan knew how he would represent me as soon as I contacted him with my case. I was very fortunate to have found Dan…he knew exactly what he was going to do to handle my situation. Mr. Carman is very distinguished in his law practice and was able to minimize my court appearances, upon dismissal of my charges he also followed through with all other necessary documentation to relinquish my record. With my experience, Mr. Carman will do what is necessary to insure his clients success and I would certainly recommend Dan ‘the man’ Carman.”