Facing a DUI charge in West Virginia can be an overwhelming and stressful experience. One of the key pieces of evidence often used against a person charged with driving under the influence (DUI) is the result of a breathalyzer test. A breathalyzer test measures the amount of alcohol in your breath and converts it into a blood alcohol concentration (BAC) reading. In West Virginia, a BAC of 0.08% or higher can lead to a DUI charge. However, even if you have taken a breathalyzer test and it shows that you were over the legal limit, it is important to know that there are ways to challenge the results. Understanding how to challenge a breathalyzer test can make a significant difference in the outcome of your case. At, The Wagner Law Firm , we are here to guide you through the legal process and help you navigate the complexities of your case.
Understanding How Breathalyzer Tests Work
Before looking at ways to challenge a breathalyzer test, it helps to have a basic understanding of how the test works. A breathalyzer device is designed to estimate the amount of alcohol in your bloodstream based on the air you exhale. When you blow into the device, it measures the alcohol in your breath and uses this measurement to calculate your BAC. If the result shows a BAC of 0.08% or higher, you may be charged with DUI.
The breathalyzer does not directly measure the alcohol in your blood but rather the alcohol in your breath. The device uses a formula to estimate how much alcohol is in your bloodstream based on the alcohol content in your breath. While this is generally accurate, the system is not flawless. A number of factors can cause a breathalyzer to give a false or inaccurate reading. Because of this, challenging the results of a breathalyzer test can be a valid defense in a DUI case.
Common Reasons for Inaccurate Breathalyzer Results
There are several reasons why a breathalyzer result might not be accurate. If the device is not properly maintained or calibrated, it may give a faulty reading. Breathalyzer devices must be routinely checked and calibrated to ensure they are working correctly. If this has not been done, the results may be unreliable. Similarly, if the person administering the test is not properly trained, they may not follow the correct procedures, leading to an incorrect result.
Other factors can also affect the accuracy of the test. Certain medical conditions, such as acid reflux or diabetes, can cause a false positive result. This is because these conditions can lead to the presence of certain chemicals in the breath that a breathalyzer may mistake for alcohol. Similarly, if a person has recently used mouthwash or breath fresheners that contain alcohol, this can lead to an inflated BAC reading.
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The timing of the test can also be a factor. After consuming alcohol, it takes time for it to be absorbed into the bloodstream. If a breathalyzer test is administered too soon after drinking, it may show a higher BAC than what is actually in the bloodstream. This is because the alcohol is still in the process of being absorbed, and the concentration in the breath may not accurately reflect the BAC.
Challenging the Accuracy of the Breathalyzer Device
One of the most common ways to challenge a breathalyzer test is by questioning the accuracy of the device itself. Breathalyzers need to be regularly calibrated and maintained in order to give accurate results. If the device used in your case was not properly maintained or calibrated, you may be able to argue that the results are unreliable. Your attorney can request records of the maintenance and calibration of the device to determine if it was functioning correctly at the time of the test.
Another factor to consider is whether the officer who administered the test was properly trained. Administering a breathalyzer test requires specific training, and if the officer did not follow the correct procedures, it could affect the accuracy of the results. Your attorney may be able to challenge the test results by questioning the officer’s training and whether they followed the proper steps during the test.
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
Medical Conditions and Other Factors That Can Affect Results
As mentioned earlier, certain medical conditions can lead to inaccurate breathalyzer results. If you have a medical condition such as acid reflux, diabetes, or asthma, it could cause the breathalyzer to give a false positive result. For example, acid reflux can cause alcohol to be present in the mouth, leading to an elevated BAC reading even though the actual amount of alcohol in the bloodstream is lower.
Another factor that can affect breathalyzer results is your diet. Certain low-carb diets, such as the ketogenic diet, can cause the body to produce chemicals called ketones, which may be mistaken for alcohol by a breathalyzer. This could lead to a false positive result even if you have not consumed any alcohol.
In cases where a medical condition or dietary factor may have affected the breathalyzer result, your attorney may be able to present evidence to challenge the accuracy of the test. This could include medical records or testimony to explain how your condition could have led to an inaccurate reading.
Field Sobriety Test Failures and Breathalyzer Challenges
In many DUI cases, breathalyzer tests are administered after a person has failed a field sobriety test. Field sobriety tests are a series of physical and cognitive exercises that are used by law enforcement officers to assess whether a person is impaired. However, these tests are subjective and can be affected by a variety of factors. For example, a person may fail a field sobriety test due to nervousness, fatigue, or a physical condition that affects their balance, rather than because they are under the influence of alcohol.
If you failed a field sobriety test and then took a breathalyzer test, your attorney may be able to argue that the breathalyzer results were influenced by the officer’s bias. In some cases, an officer may assume that a person is intoxicated based on their performance in the field sobriety test and administer the breathalyzer test in a way that is not fully accurate or fair.
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Legal and Procedural Defenses
In addition to challenging the accuracy of the breathalyzer device or the circumstances surrounding the test, there are other legal and procedural defenses that can be used in a DUI case. For example, if the officer did not have probable cause to pull you over or administer the breathalyzer test, your attorney may be able to argue that the test results should be excluded from evidence. This means that the prosecution would not be able to use the breathalyzer results against you in court.
Similarly, if your rights were violated during the traffic stop or arrest, such as if you were not properly informed of your rights, this could also be grounds for challenging the breathalyzer test. Your attorney can review the details of your case to determine whether any procedural errors were made that could affect the validity of the breathalyzer results.
The Importance of Legal Representation
Challenging a breathalyzer test in a DUI case can be a complex process, and it is essential to have legal representation to guide you through it. An experienced DUI defense attorney can evaluate the circumstances of your case, review the evidence, and identify the best defense strategy for you. Whether it involves questioning the accuracy of the breathalyzer test, presenting medical evidence, or challenging the procedures followed by law enforcement, your attorney can help build a strong defense on your behalf.
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Why Time Matters in DUI Cases
If you have been charged with DUI in West Virginia, it is important to act quickly. DUI cases have strict deadlines, and waiting too long to take action could limit your options for challenging the breathalyzer test or other evidence. The sooner you consult with a DUI defense attorney, the better your chances of building a strong defense and potentially avoiding the serious consequences of a DUI conviction.
If you or a loved one is facing a DUI charge in West Virginia and believe that the results of a breathalyzer test are inaccurate, contact The Wagner Law Firm today. Our experienced team understands the complexities of DUI cases and will work diligently to challenge the evidence against you. We are committed to providing you with the legal representation you need to fight for the best possible outcome in your case. Call us now for a consultation to discuss your options and take the first step in defending your rights.