Breathalyzer tests, the primary tool for law enforcement to determine blood alcohol concentration (BAC), can have a profound impact on your future. However, they are not infallible. Understanding the potential flaws in Breathalyzer results, such as improper calibration, operator error, medical conditions, mouth alcohol contamination, and rising blood alcohol defense, is crucial when defending against DUI charges. As seasoned Chicago DUI defense attorneys, we know that challenging Breathalyzer results can significantly influence the outcome of your case. Illinois DUI laws, such as 625 ILCS 5/11-501.2, set strict guidelines for the administration, accuracy, and reliability of Breathalyzers. It’s important to realize that a BAC test result over the legal limit doesn’t automatically mean you’re guilty. Faulty equipment, improper administration, and certain medical conditions can lead to inaccurate BAC tests. Our legal team will meticulously scrutinize every aspect of the test to help defend against DUI criminal charges, protecting your future.
In Illinois, a conviction for DUI based on Breathalyzer results can lead to severe penalties, such as hefty fines, license suspension, or even jail time. This is why scrutinizing all of the details in your case is very important. We often find that law enforcement officers don’t always follow the strict procedural requirements when administering these tests. The Illinois Administrative Code (20 Ill. Adm. Code 1286) mandates that Breathalyzer devices be regularly calibrated, maintained, and operated by a certified officer. When these requirements aren’t met, the results can be challenged in court. Understanding these nuances can be the difference between a conviction and an acquittal. In this article, we will explore the various strategies used to challenge Breathalyzer results in Illinois DUI cases.
Common Grounds For Challenging Breathalyzer Results
Improper Calibration And Maintenance
One of the most effective ways to challenge Breathalyzer results is to scrutinize the device’s maintenance and calibration records. Under 20 Ill. Adm. Code 1286.200, these devices must be calibrated at least every 62 days. If we can show that the machine was not calibrated according to this schedule, the results may be deemed unreliable. Furthermore, maintaining proper records of calibration can result in the exclusion of Breathalyzer evidence in court.
Operator Error
In Illinois, law enforcement officers are required to complete specific training before administering a breathalyzer test. However, errors can happen. For example, if a police officer fails to observe you for the mandatory 20-minute observation period before administering the test, those test results could be thrown out at trial. This observation period is crucial because it ensures that no foreign substances in your mouth affect the BAC reading. Failure to follow this procedure can be grounds for challenging the results.
Medical Conditions And Medications
Certain medical conditions, such as acid reflux, diabetes, or GERD (gastroesophageal reflux disease), can lead to falsely elevated BAC readings. For instance, individuals with diabetes may have high levels of acetone in their breath, which can be mistaken for alcohol by a Breathalyzer. Additionally, specific medications can interfere with the accuracy of the test. By presenting medical evidence, we can argue that the results were not an accurate reflection of your BAC.
Mouth Alcohol Contamination
Breathalyzers are designed to measure the alcohol in deep lung air, but alcohol from recent drinks, mouthwash, or dental work can skew the results. Illinois law requires a 20-minute observation period to allow any residual mouth alcohol to dissipate. If the officer fails to adhere to this procedure, the accuracy of the test can be called into question.
Rising Blood Alcohol Defense
It’s possible that your BAC was below the legal limit when you were driving but rose above it by the time the Breathalyzer test was administered. This is known as the ‘Rising Blood Alcohol Defense’. Alcohol takes time to be absorbed into the bloodstream, and if the test was administered after you were pulled over, it might not accurately reflect your BAC while driving. This is particularly relevant if there is a delay between the time of the stop and the administration of the test.
Illinois DUI FAQs
Can I Refuse A Breathalyzer Test In Illinois?
Yes, you have the right to refuse a Breathalyzer test in Illinois. However, refusing the test will result in automatic penalties under the state’s ‘implied consent’ law. This law states that by driving on Illinois roads, you have already consented to a BAC test if an officer suspects you of DUI. Refusing the test can lead to a one-year license suspension for first-time offenders, as per 625 ILCS 5/6-208.1. It’s important to note that refusing the test might make it harder for the prosecution to prove your BAC level, but it does not mean your case will be dismissed.
How Often Do Breathalyzer Devices Need Calibration In Illinois?
Breathalyzer devices in Illinois must be calibrated at least every 62 days, as required by 20 Ill. Adm. Code 1286.200. Failure to calibrate the device within this timeframe can cast doubt on the accuracy of the test results, making it a possible to challenge the evidence during trial.
How Does The 20-Minute Observation Period Affect My Case?
The 20-minute observation period is critical in ensuring that no residual mouth alcohol contaminates the Breathalyzer result. If the officer did not observe you for the full 20 minutes before administering the test, it could mean the test was improperly conducted. This procedural error may challenge the validity of the BAC test results, providing you with a potential defense strategy.
Call Our Experienced Chicago DUI Defense Lawyer For A Free Consultation
At Edward Johnson & Associates, we have the knowledge and experience to effectively challenge Breathalyzer results in Illinois DUI cases. We understand the complexities of Illinois DUI laws, and we will fight to protect your legal rights. Don’t let a Breathalyzer result dictate your future. Contact our Chicago DUI defense attorney at Edward Johnson & Associates P.C. by calling 708-762-8666 to receive your free consultation. We’re ready to help you build a strong defense.