Defense against breath tests by a professional Massachusetts DUI attorney or Massachusetts


Posted January 3, 2013 by stevenberry

When you are charged with DUI and asked to go through a breath test you have the option of refusing it. While this can be better for your case you also face immediate license suspension.

 
When you are charged with DUI and asked to go through a breath test you have the option of refusing it. While this can be better for your case you also face immediate license suspension. Depending on the charge number (first or fourth or fifth) the duration of suspension will vary. It is your Massachusetts DUI attorney or Massachusetts DUI lawyer that can tell you whether you should opt for the test or refuse it. Since a professional lawyer can prove that there were anomalies in the breath test procedure it may be better to opt for it.

Some of the professional DUI lawyers possess the breathalyzers that are used in breath testing. They know exactly how these machines work and what procedures are followed. This is why they can argue in your favor when they think that there was something wrong with the process. The top 10 arguments against breath tests are given below.

1. It can be proved that the breathalyzer was not 100% accurate and there was a margin of error in the reading.

2. It can also be proved that the test was done by a faulty machine or a machine that needs repair.

3. A partition ratio was used by the machine to determine your BAC count.

4. It can be proved that the test was not correctly administered by the operator.

5. Your body temperature during the test could have affected the results.

6. There are various RFI devices like cell phones and radios that can interfere with the test results. It can be proved that one such device was present during the test.

7. The breath test is often done after an hour of you getting charged with DUI. The state has to prove that your BAC count was more than the permissible limit when you were apprehended. Moreover, if you drank and drove immediately after that the alcohol may not have had time to get absorbed into your body.

8. The breathalyzer machine not only measure drinking alcohol but also other forms of alcohol like acetone, isopropanol and wood alcohol. Many permitted drugs contain these alcohols and this fact can be used in your favor.

9. It can be proved that your breathing pattern altered the reading of the machine.

10. GERD or Gastroesophageal Reflux Disease can sometimes cause the reading to be high as air from your stomach came to your mouth and was counted in the test reading.

See that all is not lost when you go through a breath test. The police officer has to do everything right to prove beyond doubt that you were correctly charged with DUI. A professional Massachusetts DUI attorney or Massachusetts DUI lawyer would have handled so many DUI cases that they can bring out the smallest loopholes and turn the case in your favor.

But you shouldn’t bank on the ability of your Massachusetts DUI attorney or Massachusetts DUI lawyer all the time. The state often gets things right and then you face the music. Hence, it is a much better idea not to drive after drinking.
A breath test is usually the most preferred way of deducing DUI. However, there are many anomalies in conducting such tests and a Attorney Dan Hynes http://www.maduiguy.com or Massachusetts DUI Guy http://www.maduiguy.com can prove them.
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Issued By steven
Country United Kingdom
Categories Business
Last Updated January 3, 2013