Chicago Criminal Lawyer Blog
When facing DUI charges in Illinois, breathalyzer results are often perceived as the most damning evidence. However, experienced DUI attorneys know that these results are not always as definitive as they seem. I will now outline the strategies lawyers use to challenge breathalyzer evidence, potentially leading to these results being excluded from court proceedings.
Examining the Breathalyzer’s Reliability
Calibration and Maintenance Issues: One of the first angles a defense attorney will explore is whether the breathalyzer was properly calibrated and maintained. Illinois law requires regular calibration and maintenance records to be kept for each device. Attorneys will request these records to ensure all procedures were followed. If lapses in maintenance or calibration can be shown, it casts doubt on the reliability of the test results.
Device Certification: Each breathalyzer used must be certified for use. Defense attorneys will verify that the device meets all current standards and that its certification is up to date. Using an uncertified or outdated device can be a strong point for getting the results dismissed.
Operator Competence and Test Administration
Training and Qualification of the Operator: The individual administering the breathalyzer test must be properly trained and certified. Defense attorneys will often request training records of the officer involved to ensure they were fully qualified to operate the device. Errors in operation due to a lack of training can make the results inadmissible.
Proper Test Administration: The procedure for administering a breathalyzer test is detailed and must be strictly followed. This includes observing the subject for a period before the test to ensure they do not ingest anything or regurgitate, which could skew the results. If protocol was not followed, the test results might be challenged.
External Factors Affecting Breathalyzer Accuracy
Environmental Conditions: Conditions such as temperature and humidity can affect breathalyzer functionality. Lawyers will consider whether environmental conditions at the time of testing could have impacted the results.
Interfering Substances: Certain substances or chemicals present in the environment or on the person’s breath (such as from certain dental work or medications) can falsely elevate BAC readings. If such a factor is identified, it can be used to contest the breathalyzer data.
Challenging the Field Sobriety Tests
Field sobriety tests often accompany breathalyzer tests in DUI stops. These tests can be subjective and are prone to misinterpretation. Defense attorneys challenge these tests by focusing on:
Administration of the Tests: Misconduct or errors in administering field sobriety tests can significantly affect their validity. If the tests were not performed under standardized conditions or were improperly instructed, their results could be contested.
Physical or Medical Conditions: Many physical or medical conditions can impair a person’s ability to perform field sobriety tests, such as balance disorders, physical injuries, or neurological conditions. Attorneys will review medical records and possibly consult medical experts to argue that such conditions influenced the test results.
Subjectivity and Officer Bias: The subjective nature of interpreting field sobriety tests opens up avenues for challenge. Defense lawyers might argue that the officer’s bias or lack of training led to an incorrect assessment of the test.
Contact The Law Offices of David L. Freidberg 24/7/365 at (312) 560-7100 or toll-free at (800) 803-1442 For Your FREE Consultation
If you are facing criminal charges, don’t face it alone. Contact The Law Offices of David L. Freidberg for skilled legal assistance. With decades of experience and a commitment to protecting your rights, we offer a free consultation 24/7 at (312) 560-7100 or toll-free at (800) 803-1442. We serve clients throughout Chicago, Cook County, DuPage County, Will County, and Lake County in Illinois. Let us help you navigate the legal system and fight for your future.
