What Are Some Defenses To A DUI Charge? Part 3

Vomiting, belching within 20 minutes of test – no rinsing of mouth, or inadequate waiting period before retest will invalidate a breath test result.  Also certain medical conditions/health issues make the breath test inherently unreliable. They include:

a. gastric reflux, hiatal hernia or intestinal problem (e.g. Gastro Esophageal Reflux Disease, Irritated Bowel Syndrome, or Acid Reflux Syndrome) diagnosed and treated before date of arrest;

b.dental condition (e.g. gum disease/gingivitis/pockets around roots, dentures or bridgework which may trap mouth alcohol and contaminate a breath machine sample);

c.or respiratory problem (e.g. asthma, bronchitis, emphysema or chronic obstructive pulmonary disease).

 A common sense defense can also work.  For example, your behavior or actions on the video do not match test results.

 The breath test room or circuitry has a problem – Radio Frequency Interference from a cell phone, officer’s radio, copy machine or other equipment with surge capabilities. These situations may cause the machine to give artificially high reading.

Other conditions that can affect the result are smoking near the machine, shared power supply with heater or other appliance – the machines must be on a dedicated “clean” electrical circuit. Recently painted walls or trim can also interfere with the test.

You have had recent environmental exposure to volatile fumes (lacquer, gasoline, paint, dry cleaning fluids or even 409) which have cumulative tendencies, causing chemical interference/falsely elevated result.

Air bag defenses – “the Tyndall effect” – diffusion of light; propellant exposure; cut lips; lung and airway irritation and fluid build-up from caustic gas propellant.

If you need help with your DUI, Contact Suhre & Associates for your FREE Consultation using our 24 hour Emergency Number at 513 333 0014.  Your attorney must be familiar with the procedures utilized in administering the breath test as well as the procedures used to maintain and calibrate the testing equipment. At Suhre & Associates, our attorneys are familiar with the law and procedures used to calibrate the breath testing machines as well as the procedure used in administering the test to a suspect.

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