You are not a criminal, and a DUI breathalyzer test that comes back “Positive” for intoxication does not need to change that.
Going over the ways to contest the results of your DUI breathalyzer test and speaking with a Rolling Meadows DUI lawyer at Glasgow & Olsson will allow you to obtain the legal outcome you deserve.
What Is A DUI?
The definition of a “DUI” is as follows: under the influence of any intoxicating compound or combination of intoxicating compounds to a degree that renders the person incapable of driving safely.
Just as an example, someone who drives while drunk from alcohol can obtain a DUI. But, this same event can occur if an individual is found to have consumed a controlled substance that has impaired their driving.
Even though you are not a criminal, receiving a breathalyzer test that reveals a blood alcohol level of .08% or more allows the legal system to treat you like one.
What Is A DUI Breathalyzer Test?
A DUI breathalyzer test is a test that involves breathing into a device. And upon doing so, this device measures the blood alcohol level of one’s breath, clarifying whether or not it is higher or lower than .08%.
Right before we clarify the three most notable ways that you and your attorney can contest the results of a DUI breathalyzer test, there is one thing to note: there are two types of DUI breathalyzer tests.
The first type of DUI breathalyzer test is a preliminary test. Someone might take this test while standing outside of their car after having been pulled over by a police officer.
Even if the results of this test reveal a blood alcohol level greater than .08%, this particular test can be used to justify the initial arrest, but it cannot be used as evidence in court meant to support a DUI conviction.
The second type of DUI breathalyzer test is an evidentiary test. Someone might take this test while at the police station, and, just as the name implies, it can be used as evidence in court to support a DUI conviction.
How Can An Attorney Help You Contest The Results Of Your DUI Breathalyzer Test?
Even though a DUI breathalyzer may reveal a blood alcohol level greater than .08%, this does not mean that all hope is lost.
Rather, these systems can be, and often are, wrong. But, even more than that, only certain types of officers can conduct a DUI breathalyzer test, and if an unqualified officer does so, that can muddy the results of your test.
Given the facts outlined above, the three most notable defenses that an attorney will make use of in order to make the court recognize that you are not a criminal and do not deserve a DUI conviction are as follows:
- The officer who conducted your DUI breathalyzer test was unqualified to do so, putting the results of said test into question.
- The device used to conduct your DUI breathalyzer is ineffective, as it has been more than 62 days or 93 days, depending on the breathalyzer, since it was checked for accuracy.
- The DUI breathalyzer test was conducted improperly, thereby putting the results of said test into question.
Every single one of these defenses can and will be used to ensure that the court recognizes your innocence.
Get Qualified Legal Help Today
If you need representation for a DUI charge in Cook County, Glasgow & Olsson is uniquely qualified to help you.
When you need an attorney, experience matters.
Speak with one of our South Barrington DUI defense attorneys at Glasgow & Olsson today to learn how our experience can get you the results you deserve.