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Ex-Prosecutors That Know How To Attack The Reliability And Admissibility Of A Breath Test


I find that most people feel completely helpless after taking a breath test, believing that they have just convicted themselves on a criminal charge. To be sure, providing the police with evidence of your guilt is not a good thing, however, we are also good at attacking the results of that breath test.

Police officers have three options in testing someone for having a prohibited level of alcohol in their blood at the time they were operating the vehicle. The method they use the most often is the breath test – it is the easiest for them to perform. At the same time though, the test is incredibly complicated and must be performed in a very specific way.

On top of this there are three types of breath testing machines. One of them is known as the Intoxlyzer 8000. And it has been shown in several courts in this State, and in several other states, to be an incredibly unreliable machine. Our attorneys know how to attack this machine and the results it provides.

Even if your breath test was taken correctly the prosecutors still have a problem – they have to show at the time you operated your vehicle your blood alcohol level was at a prohibited level. Prosecutors routinely forget this fact, and as a result the evidence is suppressed or the case dismissed.

How our Akron DUI Attorney attacks the breath tests.

I, and everyone that works for me, is trained on attacking the breath testing machines. We focus on several areas:

(1) Was there probable cause to administer the test?
(2) How long was the person observed prior to the test?
(3) Who administered the test and were they certified to do so?
(4) Is the machine properly certified?
(5) Is the machine in proper working order?
(6) Have other people who have been tested on the machine experienced problems?
(7) If it is the Intoxlyzer 8000 are the two tests you performed within 0.20 of each other?
(8) Do you have certain medical conditions – asthma, emphysema, chronic obstructive pulmonary disease, and certain dental issues?
(9) Your behavior vs. the results? (ie. Incredibly high test result vs. acting normal)

These are just a few of the ways in which we defend our clients facing a breath test result that is not favorable to them. Because we do not employ a cookie-cutter type approach where we simply defend each client the same way, and that we tailor our approach to each client’s case and needs, we only list out some of the general defenses.

Give us a call at (330) 752-6706 today for no-pressure, no obligation consultation with one of our Akron DUI Attorneys. Ask for me, Joe Patituce , or my partner Megan Patituce.