It's a Breathalyzer, not a Terminator: It's Not Perfect, and It Can Be Beaten

So you blew into Breath Test and it came back with a blood alcohol content (BAC) of .08 or higher. Is it all over? The machine is infallible and it's time to throw in the towel and plead guilty, right? NO! At the Eversole Law Firm in Birmingham, Alabama, we have successfully disputed enough breath test results to know one simple truth that we share with all our prospective clients: at the heart of any criminal investigation is the possibility of human error, and that includes on the part of the police department as well. In other words, BREATH TESTS ARE NOT 100% ACCURATE! THE RESULTS OF BREATH TESTS ARE NOT WRITTEN IN STONE!

Proper Operation of a Breath Test

We'll say it again: the salient issue here is human error. It is the responsibility of the arresting officer to have all the necessary training to adequately prepare and administer the Breath Test. As with any mechanical device, it only takes a small mistake to result in erroneous test results - results that could mean the difference between guilty and not guilty.

Proper Maintenance of a Breath Test

The police department is responsible for maintaining and calibrating the Breath Test to show an accurate BAC. If they are lax in that responsibility, you may find yourself charged with a DUI when you shouldn't have. This isn't something you should be expected to know. But the experienced attorneys at our firm who focus day in and day out on drunk driving cases make it a habit to dig deep into such questions when they go to bat for you.

Disputing (and Tossing Out) The Breath Test Results

This is really where it becomes obvious why you shouldn't try to face this process alone. Everything about it - from the authoritative demeanor of the arresting officer to the cold calculation of the Breath Test - makes the idea of prevailing seem impossible. The system seems so intimidating, so invincible. But we know better. We have successfully disputed many Breath Test results by pursuing many of the avenues you see outlined above, and as a result gotten back drivers licenses for people who initially blew a .08 or above. We've also gotten back licenses for people who refused the Breath Test and had their license automatically suspended for 90 days. That's what years of experience and in-depth knowledge of the law get you. That's what aggressive research and investigation gets you. That's the kind of fierce advocacy you get when you have the Eversole Law Firm on your side.