We win a breath case at trial because the prosecutor can NEVER prove that a Defendant had a breath alcohol level of .08 or more – WHILE DRIVING.
The average length of time between “driving” and the breath test is about 1 1/2 – 2 hours. Why does it take so long? Consider this:
- 5 minutes for the officer to gather your information after the stop
- 10 minutes for a DUI investigation at the roadside
- 15 minutes to transport you to the jail
- 20 minute observation period before you take a breath test
A breath test should be given to a suspect no later than 50 minutes following the time of driving! If not, it is only a “guess” as to what your breath level was at the time of driving. In this country, a jury is not allowed to convict someone based upon a “guess.”
Other challenges to a breath test include: false teeth, pace maker, diabetes, air bag talc, acetone, fever, radio interference, tap water solution, improper maintenance of the breath machine.
Our firm has won DUI breath cases based upon each of these defenses!