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DUI / DWI Lawyers Knoxville TN
Breath Tests in Tennessee Drunk Driving Case
One of the most common ways for a police officer to determine if you are driving under the influence is to administer a breath analysis test. These machines purport to measure the blood-alcohol content when a person breathes into it. Often a defendant in a Tennessee Drunk Driving case has a chance to challenge the validity of a breath test. An experienced attorney, along with scientific experts when necessary, can go a long way to casting doubt on the validity of a breath test. In many cases, the test is administered improperly and can result in having the results inadmissible in Court. Or if they are admissible, serious doubt can be cast on the validity of the results.
Here are some common arguments a DUI attorney could make to question the breath-test results:
- The result was skewed by external factors related to the driver. These can include diseases or conditions such as diabetes, bronchitis, fever, ketosis, asthma, shock, and dental conditions. Also hiccupping, vomiting, hyperventilating, or burping can affect the test.
- The person administering the test has never been properly trained to do so. Read about common police DUI mistakes.
- The person administering the test failed to observe the driver for an adequate amount of time before the test to ensure the driver did not put anything into his or her mouth that could cause the test to give a skewed result. Mouthwash and ointments could cause such a result.
- The driver was exposed to vapors or gases before the test that could cause it to be unreliable. This could apply for someone involved in painting, varnishing, or other chemical exposures.
- The person administering the test failed to do so properly. This can include a failure to get a deep lung sample or failure to properly prepare the machine for testing.
- Field tests can be questioned based on the assumption of a 2100-to-1 blood-to-breath ratio. This can be questioned as not scientifically reliable.
- An experienced attorney can bring into question whether the testing equipment was properly calibrated, cleaned, and maintained prior to the test.
Remember, these tests are far from perfect and having an experienced and knowledgeable Knoxville DUI lawyer can mean the difference between jail time, fines, loss of license and reputation or acquittal.
We are dedicated to giving you the best possible DUI defense in East Tennessee. Our firm has more than 10 years of combined experience as Knox County DUI lawyer. If you have been charged with drunk driving, contact us as soon as possible to protect your license, your rights, your reputation, and your career. We offer free consultations with no obligation. Call now at 865-622-7007.
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