When Can Breathalyzer Results be Dismissed as Evidence?

The results from a DUI breathalyzer are usually key pieces of evidence for the prosecution. It is sometimes possible to have these results dismissed, which means that they cannot be considered when determining a person’s guilt. On the occasions when this happens, the prosecution’s case is often weakened significantly and it may prevent a person from being convicted.

Lack Of Certification

Breathalyzer results are usually only admissible in court if they were obtained according to the procedures outlined for the jurisdiction where the testing was administered. In most jurisdictions, only certified individuals are allowed to administer testing. Being certified means that a person has received the necessary training regarding all of the testing procedures including the suspect’s rights and proper operation of the machine.

To produce admissible results, a breathalyzer must meet certain standards. If a machine is used that has not been approved, the results are inadmissible. Furthermore, if an approved machine is not maintained or fully functional, its results cannot be viewed as reliable. One of the common standards, which is often neglected, is conducting regular accuracy tests on the machine.

Calibration

An important part of the DUI testing procedure is calibrating the machine. If this is not done, the results should not be admitted into court. Even when calibration is attempted, there are usually strict guidelines regarding how this should be done. Any deviation, such as failure to change the calibration fluid, can prevent the prosecution from using the results as evidence. Also, calibration logs are required and the inability to produce proper records is usually favorable for the defense.

Notification Of Options

A person cannot generally be forced to submit to a breathalyzer. If a suspect is led to believe that he has no option, the results may be inadmissible. Furthermore, suspects usually must also be made aware of alternative options, such as chemical testing. If a person consents to a breathalyzer without this information, his results may be suppressible.

Timing

DUI testing procedures generally include a requirement that a breathalyzer test must be administered within a certain amount of time following an individual’s arrest.  If results are derived from a test that was not conducted during the appropriate timeframe, the results may not be allowed as evidence.

Legal Representation

Above are several reasons that breathalyzer results may be dismissed. This is by no means a complete list. Even if none of these circumstances apply to you, there may be issues that can be raised to prevent your results from being used in court. To determine if this is the case, you should contact an experienced DUI attorney.