In Mesa, portable breath tests and Intoxilyzer tests are both used to detect the presence of alcohol in a driver’s bloodstream. While people often think that breath tests are the end-all-be-all for a driving under the influence (DUI) arrest, this is absolutely not the case. These tests are not perfect and often produce inconsistent or unreliable results.
If you have been accused of driving under the influence and doubt the accuracy of your breathalyzer test, do not wait to reach out to Grand Canyon Law Group. A knowledgeable attorney can contest the accuracy of breathalyzer tests in Mesa DUIs and potentially mitigate the penalties associated with your case. Call right away to get started.
Portable breath tests are used on the side of the road during a Mesa DUI stop to detect only the presence of alcohol in someone’s blood. While these tests do give a reading about what the person’s blood alcohol concentration is, they are generally unreliable. Because of this, portable breath tests are not admissible in court, and the results cannot be used to prosecute a person. These tests are simply an indicator to give the officer probable cause for an arrest.
An Intoxilyzer is a large machine that is generally in a DUI van, the jail, or at the police station. Though these are meant to be reliable instruments, they can suffer from flaws, errors, and problems with testing that may produce inconsistent or unreliable results.
Over the years, it has been determined through research and trials that breathalyzers have numerous flaws. Depending on the subject who is being tested, the person administering the test, or the maintenance and condition of the instrument, these machines can produce vastly unreliable outcomes.
If a person has any alcohol in their mouth, from a burp, cough, or anything else, the concentration of alcohol in their mouth can cause the reading to spike. Other things that may affect accuracy are illness, having other electronics in the room with the machine, the calibration of the instrument, and the frequency it is maintained or checked.
There are many different maintenance checks and procedures that need to take place in order for Intoxilzyers to produce valid results. These machines are supposed to be tested and calibrated every 30 days, and the police are supposed to maintain records for those 30-day checks. Additionally, they are supposed to be taken out of service a couple of times a year to be retuned, recalibrated, and repaired if necessary.
Despite the many well-known issues with Intoxilyzer machines, law enforcement continues to rely on them. Blood testing is more accurate but involves more equipment and takes longer to receive results. While some jurisdictions have turned to strictly blood testing for DUI cases, many still use breath tests. A knowledgeable Mesa attorney can help an individual challenge the outcome of their breath test in a DUI case.
One of the biggest mistakes people make in DUI cases is thinking that the breath tests are absolutely reliable. Roadside breath tests and Intoxilzyer machines have many issues, and the results of these tests can be swayed by a number of factors outside a person’s control.
A skilled lawyer at Grand Canyon Law Group can help you contest the outcome of your breath test by investigating the usage and maintenance of the machines and gathering evidence from the scene that demonstrates your mental and physical state. Call today to learn more about how an attorney can help you challenge breathalyzer tests in Mesa DUIs.