A lawyer may use a person’s breath test as a defense strategy depending on the results of the test. The defense strategy depends on whether the breath test registered at above or below a 0.08. If it was below that number, then an attorney can show that the individual was not legally impaired.
A defense attorney may want to argue further defense strategies involving mouth alcohol or interfering substances. The lawyer may also argue that the officer may not have followed certain training in how to administer the test correctly, or that the machine could have been malfunctioning prior to the time that the defendant took the test. Simply blowing a certain number into the machine is not conclusive proof that the person is guilty of a DUI.
To determine whether any breath test errors may be present in your Atlanta DUI case, it is important to contact an attorney immediately. A knowledgeable lawyer can examine the results of your breathalyzer tests in Atlanta and craft a specific legal defense depending on the circumstances.
Temperature of a Person’s Breath
There was a study completed in Alabama where breath testing directors came up with the belief that if a person has a high body temperature, the breath level that is read by a machine will be elevated. In essence, a breath test is an indirect way of trying to determine how much alcohol is in someone’s bloodstream, and as a result, there are a lot of variables that go into how that number is calculated.
One of the elements used to calculate a person’s BAC is that their presumed body temperature is 98.6 degrees. However, that is not always the case. A higher alcohol content or higher body temperature can contribute to a higher number resulting on the breath machine. The person would need expert testimony to come in and substantiate that result. There are also studies the state would present that show that that is not the case. However, this is an error that may occur during a breath test in an Atlanta DUI case.
Alcohol Based Products
Any alcohol based substance is read in the breath machine as alcohol. Therefore, it does not make a difference whether it came from mouthwash or a bottle of alcohol. There is no definition in the code that the alcohol reading has to come from some sort of alcoholic drink like beer or hard alcohol. Mouthwash can produce an alcohol based reading in Atlanta DUI cases.
If a person alleges that the substance was not ingested or that the substance merely appeared in the person’s mouth but did not dissipate, then that may be a defense to use against a potential breath test error in an Atlanta DUI case.
Mouth Alcohol and Teeth
If a person has dentures, those dentures could possibly pool alcohol. That could potentially produce a mouth alcohol defense. If the breath machine is not registering deep lung air, it may simply register that alcohol that is in somebody’s mouth. This can produce an artificially high number.
In other words, mouth alcohol can be a false or an improperly high number. Mouth alcohol would not necessarily be reflective of how much a person had to drink, and may simply be a higher amount of alcohol in somebody’s breath test than is truly affecting them and making them impaired. This may be a potential breath test error in an individual’s Atlanta DUI case.