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Manassas DUI Breath Errors Defense

Being charged with a DUI in Manassas is a serious matter, and it is vital to avoid a conviction if possible, as the long term consequences of a DUI conviction can be far reaching and have a significantly negatively impact on an individual’s life. In order to try to avoid conviction it is important to consult with a Manassas DUI lawyer in order to start building a defense.

One of the main ways in which the prosecution will seek to prove driving under the influence charges is through the results of blood alcohol breath tests. If it is possible to discredit the results of these tests, that can be a very effective tool for the defense. One possible way of discrediting the results of these tests, is to show that there were errors in the way that the machine read the breath sample, or that there were abnormalities in the breath sample, that the testing machine might not recognize. This defense may not be viable in every DUI case, but it is a possibility to consider with the help of an experienced DUI attorney.

Benefits of a Breath Defense Strategy

Breath can be used as a defense strategy when there is a question as to whether the breath machine was operating properly. The blood alcohol machines that are utilized in Manassas are very sensitive and require constant maintenance and calibration. In some cases, it is true that an individual’s breath shows a different result than it should because there is a problem with the machine. This is something that an attorney will analyze and make determinations about based on information that they receive from the Department of Forensics about the maintenance, as well as the trouble call history of each machine in each individual case.

Effect of Breath Temperature on Breath Tests

Breath temperature can alter breath test results. The reason for this is that a breath test actually measures the amount of alcohol that is expelled from the lungs after having been metabolized by the body in each breath. The machines that measure this are sensitive and if a person has a higher than normal or lower than normal temperature, this can actually skew the results that are on the machine. If this can be proved in court, this can create reasonable doubt as to whether the person was actually intoxicated or had a blood alcohol of 0.08 or more.

What to Provide For an Initial Consultation

When a person meets with their DUI lawyer, they should bring all of the documents that were provided to them by the police. This is going to include the arrest warrant and the readout from the blood alcohol test. They should also come prepared to talk about everything that happened from the arrest until the time that they reached the police station and took the test. It is often advisable when an individual has been charged with DUI to go ahead and create a narrative to help capture all of their memories about what occurred so that they can provide the most complete information to their attorney when they first meet with them.

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