QUESTION
Is it possible for a DUI machine to messed up?
Asked on Oct 23rd, 2012 on DUI/DWI - Michigan
More details to this question:
I was breathalyzed the morning after I drank and blew a .119. I only had a couple drinks the night before, is it possible that his machine was messed up?
8 ANSWERS
John J. Carney
The test must be done within two hours of the arrest. If you blew a .119, which is a .12 and way over the .08 limit, then you had more than a couple of drinks or the drinks had three shots in them. You would have only had a .03 with a couple of drinks. The machine is very accurate if the test is done properly and was in good operating condition, and they check the machine before the test to make sure that it is working properly.
Answered on Nov 04th, 2012 at 1:12 AM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Definitely possible.
Answered on Oct 25th, 2012 at 8:47 PM
There are a number of reasons why a Breathalyzer is not reflecting your true Breath Alcohol concentration. Some of the various reasons why you should not believe the number relied upon by police include the assumptions of the machine with regard to your breath volume, body temperature and other variables. Additionally, even if the machine was designed properly, and even if it took into account some of the variables mentioned above, the machine must still be maintained and calibrated properly. It is highly unlikely that the Honolulu Police Department does this, at least based on the many DUI cases I have taken on and won. You should hire an attorney that will not just take the breath result at face value and will attack each and every part of the government's case.
Answered on Oct 24th, 2012 at 7:53 PM
Criminal Defense Attorney serving McKinleyville, CA
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Law Office M. C. Bruce
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There are always questions as to the accuracy of a breathalyzer. If you are charged with a DUI you should find a lawyer who will know how to investigate the accuracy of the machine.
Answered on Oct 24th, 2012 at 7:52 PM
1 Award
Yes, it is possible. DUI machines need to be routinely checked to make sure they are still giving accurate readings. Sometimes, officers neglect to do that, the machines start giving inaccurate readings, and no one notices for a while. There may be other reasons why a DUI breathalyzer could be inaccurate. You should hire an attorney to help you fight the charge.
Answered on Oct 24th, 2012 at 7:51 PM
Michael Paul Vollandt
If the machine is working properly no. These machines are required to be check regularly and you might want to get the logs on it to see if it was maintain according to law.
Answered on Oct 24th, 2012 at 2:45 PM
Michael J. Breczinski
It is possible. You would need an expert on the machine and the testing and maintenance records to show that at a minimum.
Answered on Oct 24th, 2012 at 2:44 PM
A breathalyzer machine must be properly calibrated for it to give an accurate measure of Blood Alcohol Content (BAC). There are other reasons why the BAC may read very high, even though you have not had much to drink. Many health conditions can have an effect on BAC. A criminal defense attorney may use a medical doctor as an expert witness to prove that something other than consumption of alcohol caused his client to have a high BAC.
Answered on Oct 24th, 2012 at 2:43 PM