Can I Get Out of a DUI Even If I Failed a Breath Test?

 Posted on September 27, 2022 in DUI

The state of Illinois, like most of the country, legally defines alcohol intoxication as having a blood alcohol concentration (BAC) of 0.08 percent or greater.  If you are caught driving with a BAC of 0.08 percent or higher, you can be arrested and charged with driving under the influence (DUI). However, this does not mean that you will automatically be convicted if your BAC is over 0.08. You may still have defenses available to you that could result in acquittal or even dismissal.

Breath Alcohol Testing Can Be Flawed

If the police pull you over and they smell alcohol on your breath or suspect you of drinking, they will ask you to take a breath test or breathalyzer. This initial test result provides probable cause for a DUI arrest. Once you are arrested and taken to the police station, you will be asked to take a second, more accurate test called the evidentiary breath test. There can be problems with both of these tests that may cause the results to be unreliable.

One possible defense is to challenge the accuracy of the testing device that was used to determine your BAC. If the test was not administered properly, or if the machine was not calibrated correctly, the results may be inaccurate.

Another defense is to argue that your BAC was below 0.08 percent at the time you were actually driving but rose above that level while you were in police custody. This can happen if you are not given the opportunity to take the second test within a reasonable amount of time after your arrest.

The police may also have violated your constitutional rights when they stopped your vehicle or arrested you. Law enforcement officers must have a reasonable suspicion of criminal activity to conduct a traffic stop. They cannot just stop someone for no reason. If the stop was illegal, any evidence obtained as a result of the stop, including a BAC test, may be suppressed and not allowed to be used against you at trial.

There are certain medical conditions that can cause a person's BAC to register incorrectly on a breathalyzer test. If you have diabetes, for example, you may have a condition called ketoacidosis, which can cause your breath to test positive for alcohol even if you have not been drinking.

A DUI conviction can result in serious penalties, including jail time, fines, and the suspension of your driver's license. If you are facing DUI charges, you should consult with an experienced DUI defense attorney to discuss your legal options.

Contact an Elgin Drunk Driving Defense Lawyer

You are not automatically guilty of DUI if you blew over 0.08 percent BAC. Aurora criminal defense lawyer Brian Mirandola can evaluate your case and determine the best defense strategy. Call 847-488-0889 for a free consultation.

Source:

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-501