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In most cases no. After failing a breath or other chemical test such as a blood test most people feel there is no way around a DUI conviction, but that is far from the truth. Here are some common defenses that are used in DUI cases:

1. The breath test was not properly administered. If police did not properly instruct you or failed to operate the breathalyzer wrong, that should get the piece of evidence thrown out. In some cases the deputy does properly administer the test, but it turns out he is not qualified on paper to do so.
2. The machine was not properly maintained. Breathalyzers are very complex pieces of machinery and the slightest mishap can cause them to deliver incorrect readings. By investigating the records of the particular machine and having an expert witness testify the machine was probably not working properly, this too can have the failed test thrown out as evidence.
3. The test was not done in a timely fashion. As time passes alcohol blood levels can rise. If police wait an hour or more to administer the test, that does not prove you were under the influence while driving, but only that you were under the influence an hour after the traffic stop/accident.
4. Mouth alcohol skewed the test results. When you blow into one of these machines they multiply the amount of alcohol by 2100, assuming it is coming from the lungs. The problem being: sometimes alcohol is stored in the mouth via a bleeding wound, a breath freshening product or even left over vomit. If you can convince the jury (with the help of perhaps a doctor testimony) that there was alcohol stored in your mouth this too can help get this piece of evidence thrown out.

If you failed a blood or urine test the most common defense is that the sample was not properly handled. Known as a ‘chain of custody’ issue, this can help you avoid a DUI conviction as well.

The fact of the matter is that no DUI case is open and shut until every detail has been examined. By contacting a DUI attorney for a free consultation, you can find out what your next move should be.

Breath-test results will stand in the cases of 56 suspected drunken drivers in Brevard County who questioned the validity of the machines used to gather the evidence.

A ruling released today by a panel of eight Brevard County judges rejected their request to throw out breath-test results in their cases on grounds that the machine used to obtain them, the Intoxilyzer 8000, is not approved for use in Florida.

Fourteen lawyers who led the court challenge said there was evidence that there were machines being used with varying parts. It’s important that the specific parts approved by the federal government are installed in each machine because the way in which the devices measure molecules is precise, they said.

However, the judges said they sided with testimony they heard earlier this summer from the Florida Department of Law Enforcement employee who oversees the testing and with conclusions drawn from recent rulings in similar cases.

A successful court challenge could have lead to reduced Brevard County DUI charges, or even dismissals, in numerous cases of driving under the influence Florida, legal experts said, because prosecutors then would have to rely on other evidence. That includes officers’ testimony about field sobriety tests or police video.
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Have you been accused of DUI in Brevard County, Florida?

A Brevard County, FL DUI conviction is serious, as you should know. Florida DUI law is very complex and should only be handled by an experienced Florida DUI lawyer. A Brevard County DUI lawyer can investigate the constitutionality of the stop, the procedures used in obtaining evidence, the constitutionality of any statements you gave, and the accuracy of any tests administered. Contact a Florida DUI lawyer today to free yourself from a DUI conviction or lesser the penalties you receive.

Get all the Florida DUI News.

Accused drunk drivers now have more ammunition for challenging Breathalyzer findings as a result of a unanimous ruling Thursday by the California Supreme Court.

Under the California DUI law, a suspected drunk driver can submit to either a blood test, which measures the amount of alcohol in the blood, or a breath test. Alcohol levels in a breath sample are converted mathematically to derive a blood-alcohol percentage.

The standard formula for converting breath results to blood-alcohol levels is not accurate for everyone, however, and can vary depending on an individual’s medical condition, gender, temperature, the atmospheric pressure and the precision of the measuring device, the court said.

Even though experts say the standard ratio used to derive a blood-alcohol concentration from breath generally approximates or even underestimates the amount of alcohol the driver consumed, they also agree that Breathalyzer results may sometimes overestimate the amount of alcohol in the blood.

Thursday’s ruling permits defendants in some cases to challenge those results based on mathematical ratios.

When you do get arrested for California DUI, hire a California DUI lawyer.

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More California DUI News

Q: Can a driver who was stopped and asked to take a field sobriety tests request to be given a breath test?

What happens if, for example, someone recently had back surgery or is nervous or does not speak English as his native language?

A: Someone can always request a preliminary breath test, but there are times when one is not available, State Patrol trooper Dan McDonald said.

“That’s why officers don’t make their decision to arrest solely based on the results of the PBT, but rather on their overall observations of the subject,” he said.

DUI investigations can be complicated.

“The standardized field sobriety test’s and the Breathalyzer test are just two of the many elements to a DUI investigation,” McDonald said. “During the investigation process, physical impairments, native languages, and nervousness will all be taken into consideration by the investigating officer when determining if someone is too impaired to drive and whether or not an arrest needs to be made.”

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A four-year legal battle over a DUI defendant’s right to examine the computer code inside the breathalyzer machines used in Florida resulted in a series of rulings in January that could prevent prosecutors in Manatee and Sarasota counties from using alcohol breath tests as evidence.

Whether the rulings will stand remains a question. Prosecutors are expected to appeal once the written orders are filed. Until the legal battle over the computer code is over, the Intoxilyzer will still be used by law enforcement officers across Florida.

If the rulings stand, prosecutors will depend on the testimony of the arresting officers. Observations of slurred speech, the smell of alcohol on the driver’s breath and field sobriety tests already contribute to securing DUI convictions, but the inability to use the breathalyzer test results could mean that charges may be dismissed or reduced more easily than before.

The real goal according to Venice defense attorney Robert Harrison is not to rule out the use of breathalyzer machines. It is to protect the community from machines that do not work properly. The manufacturer of the Intoxilyzer machines used in Florida refuses to release their code. Judge Doug Henderson of Manatee County justifies his ruling to throw out breath test results. He says that this is the only crime where a machine determines guilt or innocence. Until the computer code can be validated accurate, he isn’t ready to convict defendants on that machine’s evidence.

Many, MANY Arizona DUI cases may be thrown away and here’s why:

The Intoxilyzer 8000, looks as it is unreliable, a leading driving under the influence defense attorney said.

“This is going to be huge,” said Tucson lawyer James Nesci, because the current machine is widely used statewide as opposed to the older device, which was used in Tucson and at a smaller agency…

Despite court orders across the country, CMI has declined to divulge the code, which defense attorneys say will show that the device is error-prone. The company has racked up more than $1 million in fines by refusing to comply with a similar Florida court order, records show.

CMI President Toby Hall didn’t return phone calls for comment. When Bernini first ordered CMI to release the code, Nesci said a process server couldn’t get Hall to accept the court order.

Last month, Bernini told prosecutors to get the source code from CMI.

Deputy County Attorney Robin Schwartz told Bernini that she didn’t think the state could force CMI to reveal the code.

Bernini also set a Nov. 24 hearing for Hall to appear and explain why she shouldn’t hold him and CMI in contempt for refusing to comply with her orders…

Recent events echo those in the mid-1990s when defense attorneys challenged the integrity of the RBT IV breath test machine, manufactured by Intoximeters Inc., based in St. Louis. Prosecutors eventually agreed that the device was faulty, which led to 3,000 cases being dismissed at once in 1997 and the total number thrown out about 5,000, Nesci said.

Ridiculous. Maybe they should just try using working machines, if possible.
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A Department of Public Safety contractor failed to inspect breath testing equipment as required by law, and then faked maintenance records to indicate that she had. As a result, at least 2,600 arrests for driving while intoxicated in the Houston area are in question.

Texas law requires that breath testing equipment be calibrated once a month to ensure accuracy. According to Houston DWI defense attorney Dane Johnson, blood alcohol content is a key piece of evidence in the prosecution’s case and failure to properly maintain breathalyzer equipment could result in a false reading and an unwarranted arrest.
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It’s bad enough that the machines are not accurate to begin with. If you have been arrested for DUI in Texas find a qualified Texas DUI Lawyer ASAP.

Despite this beacon of light in the judicial darkness, the courts of other states continue to ignore the pleas of the accused to confront their accusers.  Remember:  in the courts of most states, a citizen is rebuttably presumed by law to be guilty if one of these machines reads .08% or higher.  See my post Whatever Happened to the Presumption of Innocence?  But cracks are appearing in the wall of silence.  Courts in Florida, for example have ordered the source code turned over to the defense – a court order the manufacturers have refused to follow.

Yesterday, an Arizona court ordered the manufacturers of another breath-testing device, CMI Corporation’s Intoxilyzer 8000, to turn over the software code to the defense.
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Columbus, OH.  AP, July 17  -  An Ohio Inspector General report says state troopers assigned to the Highway Patrol’s Canton post cheated on yearly exams required for law enforcement officers who give breathalyzer tests.

The report says Trooper Anthony Maroon made copies of an exam he took in 2007 and shared answers with other troopers when he retook the test in April.

The report also says there was evidence of related cheating by troopers on tests given on four other dates in 2007 and 2008.

The inspector general says six troopers cheated on exams, another trooper received exam answers from Maroon and five patrol sergeants knew about the cheating but didn’t intervene.
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This Story Really Make Me Feel Safe.

The Ennis Police Department has started a program that reduces the time for processing cases of driving while intoxicated in Texas. LEADRS (Law Enforcement Advanced DUI/DWI Reporting System) is on on-line system tailored for the needs of law enforcement agencies. The centralized database allows police to file paperwork and retrieve information on Texas DWI arrests.

In addition to time efficiency, LEADRS provides forms for officers to complete, making gathering of pertinent info and subsequent prosecution of drunk driving offenses easier. The forms feature drop down menus with pre-filled fields and check boxes, reducing the need for typing. The system automatically creates official forms needed for booking and prosecution.

LEADRS allows officers to both upload and retrieve statewide data from any computer with internet access, in real-time.

A spokesperson for the Ennis Police Department said the system has halved the time needed for completing Texas DWI paperwork. That allows officers to spend more time on the streets.

The Texas Department of Transportation provides grants allowing law enforcement agencies throughout Texas to use the LEADRS program free of charge.
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