It’s common sense really. If a breath analyzer device is not correctly calibrated, the results it produces cannot be considered accurate and thus are inadmissible in court. Courts have consistently ruled in this way. Alcohol breath tests are inadmissible if the machine has not been properly calibrated.

Law enforcement has been frustrated on more than one occasion on this issue. A key part of the breathalyzer device is the thermometer. It must be clean and accurate. Agencies have adopted regulations requiring periodic verification of the thermometers. Not surprisingly, these regulations are not always obeyed.
Despite our best efforts, occasionally inaccurate tests are unfairly admitted into court. How can this be? Simply put, there are judges who want to satisfy their political ambitions and prosecutors who want to increase their conviction rates, regardless of the guilt or innocence of the citizens suspected of driving while under the influence.

However ambitious, manipulative or unjust the system may be, your best weapon is a competent DUI lawyer. You need a DUI lawyer who not only knows the game, but also has perfected his strategy at winning it.

However ambitious, manipulative or unjust the system may be, your best weapon is a competent DUI lawyer. You need a DUI lawyer who not only knows the game, but also has perfected his strategy at winning it.

I’ll challenge everything about that breath analyzer machine from its calibration and maintenance records to the officer’s experience in administering it. I will do everything I can to keep your breath analyzer results out of court. If you have a DUI and were subject to a breath test, please let me review your case. Call DUI Terminator, Kenton Koszdin at 800-Kick DUI.