Breath Test

Dayton DUI Breath Test

Overcome a Breath Test with a Skilled Dayton DUI Defense Attorney

Less than 30 minutes after catching a concert at the Nutter Center, you stand on the side of the road. Red and blue flashing lights create a frightening pattern over the officer’s face, but you hardly notice. You’ve never taken a breath test before, but the results can’t be right—you’ve barely had anything to drink!

The officer doesn’t seem to understand or care, referencing the “accurate” results and insisting that you’re past the legal limit. No matter what the results or the police may say, it’s important not to panic. Above all, don’t admit guilt. Take a quick inventory of the last few hours of your life, then call Suhre & Associates and speak with a DUI defense attorney that has experience sorting through breath test results that don’t add up.

It’s Not All Black and White or Even Math

A breath test is so much more than just the numbers that appear on the screen. Just like a clock is run by a complex internal mechanism, a long list of specific techniques and possible contributing factors weigh in on the accuracy of the results of your breath test. The police officer must follow multiple procedures while administering the test. In addition, you may have certain physical conditions that could affect the accuracy of the results. No matter what the police and prosecutors may say, if you feel that the results of the breath test don’t add up, you may be right.

Suhre & Associates has experience defending DUI cases in Dayton. We know that a case is far from over if the sole incriminating evidence is a breath test. Our attorneys know what factors may cause breath test results to be inaccurate. Through a thorough review of your case, we will help you prepare a solid defense by identifying possible weaknesses in the evidence presented by the prosecution.

Common Defenses for a Breath Test

  • Lack of continuous observation for 20 minutes before the test.
  • Belching or burping during the 20 minutes before the test.
  • Vomiting or belching within 20 minutes of test, with no rinsing of mouth, or not a long enough waiting period before retest.
  • Medical conditions that make the test unreliable. They include:

1. Gastric reflux, Acid Reflux Syndrome, or similar problem diagnosed and treated before date of arrest;

2. Dental problems such as gingivitis and other gum disease.

3. Respiratory problems such as asthma, COPD, bronchitis, or emphysema.

  • Test results aren’t reflected by your actions.
  • The breath test room or circuitry has a problem.
  • You have had recent environmental exposure to volatile fumes (lacquer, gasoline, paint, dry cleaning fluids or even 409)
  • Air bag defenses – propellant exposure; cut lips; lung and airway irritation from the gas propellant.
  • Videotaped evidence doesn’t substantiate the high reading.
  • High test result from a urine screen, yet you never urinate for 3 to 4 hours or more – a physical impossibility.
  • Unintentional alcohol from OTC medications.
  • Breath drops with alcohol.
  • Chewing tobacco, wintergreen altoids.
  • You were never informed of your right to an second independent test.
  • Officer not proper trained in accordance to the Ohio Administrative Code.
  • Officer fails to follow proper protocol.
  • The machine was improperly maintained or calibrated.
  • Police report shows possible sobriety with no investigation of alternative causes.
  • Rising blood alcohol level shows time of driving alcohol level would have been lower at the time of testing.
  • Elevated breath temperature.
  • Breath/blood ratio (2100:1) not proven to be your ratio;
  • Inherent sampling margin of error shows the final result to below .08 BAC
  • You have blowing pattern irregularity.
  • Your strict protein diet created “auto-brewery” syndrome in your system).
  • You have diabetes.
  • Officer misstates consequences for refusal after giving ALS warnings.
  • Officer gets fired or moves away.

No matter what the results say, don’t panic. Call Suhre & Associates and speak with a DUI defense attorney with experience contesting breath test results.

DUI Case

A Relieved Client

“I went to court thinking I would just get driving privileges and still be under suspension for some time. Rob was able to get the entire ALS suspension waived and most of the court fees waived as well. Was placed under 6 months probation, couldnt have asked for a better outcome. Rob did a phenomenal job. He is very knowledgeable and accessible, and I would recommend him to anyone.”

DUI Case

A Grateful Client

“Rob is very knowledgeable in his area. His expertise and advice were unsurpassed. I not only had extreme confidence in Rob’s ability but was able to put my mind at ease while we went through this process. Rob was able to work with the prosecuting attorney and then get agreement from the Judge to dismiss several charges and plead to a 1st DUI. I cannot express the gratitude I have for Rob. I realize that he is being paid for his service, but his attitude is like none I’ve experienced when dealing with an attorney for this type of matter. He was not judgmental but caring.”