When facing a DUI charge in West Virginia, one of the most significant pieces of evidence often brought against you is the result of a breathalyzer test. These tests are used by law enforcement to measure the level of alcohol in your blood. If the breathalyzer shows that your blood alcohol concentration (BAC) is over the legal limit, this can lead to serious penalties, including fines, license suspension, and even jail time. However, breathalyzer tests are not always foolproof. There are ways to challenge the results, and doing so could make a huge difference in your case.
Understanding how to challenge a breathalyzer test is crucial for anyone dealing with DUI charges. If you are wondering how to defend yourself against such evidence, there are several factors to consider. Knowing the flaws in the system, the conditions under which the test was administered, and the legal requirements for breathalyzer use can all help in building your defense. At, The Wagner Law Firm , we are here to guide you through the legal process and help you navigate the complexities of your case.
How Breathalyzer Tests Work
Before diving into the challenges, it’s essential to understand how a breathalyzer test works. When you drink alcohol, it gets absorbed into your bloodstream. A breathalyzer measures the amount of alcohol in the air you exhale and estimates the concentration of alcohol in your blood. This measurement is your BAC, which is what law enforcement officers use to determine if you are legally impaired.
In West Virginia, if your BAC is 0.08 percent or higher, you are considered legally drunk. For commercial drivers, the limit is 0.04 percent, and for drivers under 21, any measurable amount of alcohol can lead to a DUI charge. While these tests are used to prove intoxication, they can sometimes give incorrect readings, which is why challenging them can be so important.
Improper Calibration and Maintenance
One of the first ways to challenge a breathalyzer test is by questioning whether the device was properly calibrated and maintained. Breathalyzer devices need to be regularly serviced and calibrated to ensure that they provide accurate results. If the machine is not properly maintained, it could give an inaccurate reading, which could lead to false evidence being used against you.
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West Virginia law enforcement must follow strict procedures for maintaining and calibrating these devices. If there is any proof that the breathalyzer used in your case was not properly maintained, it could be grounds for dismissing the results as evidence. Your attorney can request maintenance records of the device to check whether it was in proper working condition at the time of your test.
Officer Error in Administering the Test
Even if the machine is in perfect working condition, the person administering the breathalyzer test must follow specific protocols to ensure accurate results. If the officer makes any mistakes during the process, the results can be questioned. For example, the officer should wait a certain amount of time between the moment you were stopped and when the test is administered. They should also observe you during this period to ensure that you don’t eat, drink, vomit, or do anything else that could affect the test.
If the officer did not follow these protocols correctly, it can affect the accuracy of your test result. Additionally, if you have certain medical conditions, such as acid reflux or diabetes, these could also affect your BAC reading. Your attorney can review the details of your arrest to see if any of these issues occurred.
Harley and Heather gave me peace of mind as they walked me through the process of my DUI. Heather was so quick to answer even the smallest and probably irrelevant questions I had. I was extremely nervous to walk in the courtroom, but Harley made sure I was in and out of there in no time with the best deal I could think of. My DUI charge was reduced to a speeding ticket and some online DUI classes. Would absolutely recommend Harley and Heather if you’re ever in need of a lawyer.” - Antea Jarazi The Wagner Law Firm was amazing from beginning to end dealing with my case. This was my first time ever dealing with anything like this and they helped me tremendously and answered all my questions super fast. We got the best outcome possible for my case and I will be recommending Harley and Heather to anyone that’s ever in my situation." - Savanna Cummings Harley and Heather do not stop and are excellent at always keeping their clients up to date on the status of their case and never left wondering. They do all the work and are very well connected throughout the state. I will forever be grateful to both Harley and Heather for what they did for me,,,, they aren’t just another law firm, they are great people who truly care. Thank you." - Clint Anderson
Challenging the Accuracy of the Breathalyzer
Breathalyzer devices are known to have certain limitations. They may not always accurately measure a person’s BAC, especially if other factors are in play. For example, if you used mouthwash or breath fresheners containing alcohol shortly before taking the test, this could cause a false positive result. Additionally, certain foods or beverages may also interfere with the accuracy of the test.
Weather conditions and environmental factors can also impact the results. For instance, exposure to fumes from gasoline, paint thinners, or other chemicals might affect the breathalyzer reading. Your attorney can explore whether any such factors might have played a role in your test and use this information to challenge the validity of the results.
Medical Conditions and Medications
Another way to challenge a breathalyzer test is by arguing that a medical condition or medication caused a false positive. Certain conditions, like acid reflux or GERD, can cause alcohol to move from the stomach into the mouth, which may result in a higher BAC reading than you actually have. Diabetes is another condition that can affect a breathalyzer reading. When a diabetic’s blood sugar is too low, the body produces ketones, which can be mistaken for alcohol by a breathalyzer.
Similarly, certain medications, such as asthma inhalers or cough syrups, contain alcohol or other substances that could affect the accuracy of the test. If you were using any of these medications or have a medical condition that could have skewed the results, this could serve as a defense in your case.
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Rising Blood Alcohol Defense
One of the most effective defenses in a DUI case is the rising blood alcohol defense. This defense argues that your BAC was below the legal limit while you were driving, but it increased by the time you took the breathalyzer test. Alcohol takes time to be absorbed into your bloodstream, and your BAC can continue to rise for some time after you stop drinking.
If there was a significant delay between the time you were stopped and when the breathalyzer test was administered, this could lead to a higher BAC reading than what it actually was when you were driving. This argument could weaken the prosecution’s case, as it shows that the breathalyzer results may not reflect your BAC at the time you were behind the wheel.
Chain of Custody Issues
In any legal case, maintaining the chain of custody for evidence is critical. This means that the evidence must be properly handled and documented from the moment it is collected to ensure that it has not been tampered with or contaminated. If the prosecution cannot prove that the breathalyzer results were properly handled and stored, it could be grounds for dismissing the evidence.
Your attorney can investigate the chain of custody for the breathalyzer test results to see if there were any lapses or irregularities. If the evidence was not properly handled, it could be excluded from the case, significantly weakening the prosecution’s argument.
Case Results
Refusing a Breathalyzer Test
In West Virginia, refusing to take a breathalyzer test comes with its own set of consequences. Under the state’s implied consent laws, if you refuse to take a breath test when asked by law enforcement, your license could be suspended for up to a year. While this refusal may be used against you in court, it does not mean an automatic DUI conviction.
Refusing a test can complicate your defense, but it also means there will be no breathalyzer results to use as evidence. This can make it more difficult for the prosecution to prove that you were driving under the influence. Your attorney can help you navigate the complexities of a refusal case and work to build a strong defense based on the available evidence.
Challenging a breathalyzer test in a West Virginia DUI case can be a complicated process, but it is not impossible. There are many factors that can affect the accuracy and validity of the test, from improper maintenance of the device to officer error and medical conditions. Understanding these issues can help you and your attorney build a strong defense to fight the charges against you.
If you are facing a DUI charge and need assistance in challenging the breathalyzer test, it is crucial to have a knowledgeable legal team by your side. The Wagner Law Firm can help you explore your options and fight for the best possible outcome in your case. To learn more about how we can assist you, call us today for a consultation.