Are breathalyzer results always reliable?

No.

Breath test results are NOT always reliable and you can win a trial on a BT case. Hire a local, very reputable lawyer who is experienced in trying such cases.

No they are not, but you need an experienced DUI attorney to fight the results in court.

Yes you can fight the results. Consult a lawyer experienced in OWI defense.

Breath Test machines are just like any other machine. They are subject to error just like the coke machine that eats your dollar and your computer when the screen freezes. If your wife only had one drink, unless she is about 60lbs or the drink came in a bucket, the machine was not providing an accurate reading. With you as a witness to what she drank, we could certainly challenge the BT. In fact, I often demand that the DA produce test results for not only my client's results but from the previous 10 and the next 10 results as well to see if the machine was acting properly. You would be surprised at the results. There are ways to challenge a BT over .08%. Most often the public doesn't think it's possible, but it is in many cases.

Yes. The Utah Court of Appeals ruled that in order to ensure that breath test results are presumed valid, Utah Prosecutors must present evidence of the following: (1) the breath machine had been properly checked by a trained technician, and that the breath machine was in proper working condition at the time of the test; (2) the breath test was administered correctly by a qualified operator; and (3) a peace officer observed the defendant during the fifteen minutes immediately proceeding the test to ensure that the defendant introduced nothing into their mouth during that time.[1] In order to establish that the breath machine had been properly checked by a trained technician, and that the breath machine was in proper working condition at the time of the test, Utah Prosecutors will present the following evidence: (1) Certification Report; (2) Operational Checklist; and (3) Test record printout. In order to establish that the breath test was administered by a qualified operator, the State of Utah will present the administrating officer?s current certification to administer the breath test. As you can see, there are a number of ways to attack the admissibility of the breath test results. Hope this helps.

The breathalyzer is a machine that is based on an average. It is the average of deep lung air to blood. This is based on studies that show the ratio for the average person. Some people are higher and some are lower. To fight this would take not only an attorney but also an expert to gauge what the real ratio is for your wife. This may raise or lower what the actual results were. Also the records of the machine should be gone over to see if the machine was accurate.

You have to try to find out.

Yes there are ways to fight the results. Consult with an attorney to discuss your case and consider all options.