If you have been charged with a DUI, contact a DUI attorney in Oklahoma City as soon as possible so that you can establish a strong defense. There are ways to challenge a breathalyzer test in a DUI case, even in Oklahoma, where DUI is a particularly serious charge.
How Can Your DUI Attorney in Oklahoma City Challenge the Accuracy of a Breathalyzer Test?
There are a couple of ways that your lawyer may be able to challenge test results. The first is by asserting the presence of mouth alcohol. If you had a drink recently, even if it was not enough to put you over the legal limit, or if you burped within about 15 minutes of being administered the breathalyzer test, it’s possible for there to be more alcohol in your mouth than there is in your bloodstream, causing a falsely high positive.
There are also some medical conditions that can affect the accuracy of these tests. For example, gastroesophageal reflux disease (GERD) can cause stomach acid to back up into the throat. This can lead to a false positive. Some people who follow a very strict keto diet can also blow false positives because their body is burning ketones, a type of fat, rather than carbohydrates for fuel. The human liver breaks down these ketones, and that process creates acetone as a byproduct. Acetone is then eliminated from the body through the breath as isopropyl alcohol. Some breathalyzers can tell the difference between ethanol and isopropyl, but not all.
Finally, it’s possible to challenge breathalyzer results based on either calibration issues or the way they were handled. It’s important for breathalyzers to be calibrated regularly, or they will not be accurate. Your lawyer can subpoena the calibration logs to make sure that this was being done as it should so that the breathalyzer was not giving false readings. Your lawyer can also investigate the actions of the law-enforcement officers in administering the test: only certified trained operators are allowed to administer these, and any deviation in the required process could mean that the tests are invalid. Find out more here.
Other Ways to Challenge a DUI
Your lawyer has some other ways that they could possibly challenge a DUI. One consideration is whether the DUI stop was lawful in the first place. If the police had no lawful reason for pulling you over or for suspecting you of drinking when they insisted on administering the test, then the entire thing could be thrown out.
Your lawyer may also look into the circumstances of your questioning, and if your Miranda rights were read to you improperly, or you were questioned after you had asked for a lawyer, much of the evidence against you could potentially be kept out of court.
If you’ve been charged with a DUI, it is important to talk with the lawyer as quickly as possible. The sooner you get started on your defense, the stronger it will be.
