Breath Tests and DUIs

When a police officer suspects a driver of being under the influence, they may request a chemical test to measure the driver’s blood alcohol content (BAC). A common method is analyzing a breath sample using either a portable or stationary device. Before the test, the officer will provide a form explaining implied consent, often known as the “O’Connell warning.” It’s important to understand that these breath testing devices are not flawless. However, if a driver agrees to the test and their BAC is 0.08 or higher, they will face DUI charges. Errors by the device operator or technical malfunctions can sometimes lead to the dismissal of these charges.

West Virginia Breath Tests and How They Work

Let’s look at how breath tests function in West Virginia. There are generally two kinds of breath tests used by law enforcement. A knowledgeable Wheeling criminal lawyer can explain the differences and how they apply to your case.

Portable or Preliminary Breath Tests (PBT)

These tests are administered on the roadside by police officers to individuals suspected of drunk driving. Common devices include the Intoxilyzer 500, AlcoCheck, and BACmaster. The driver is asked to blow into the handheld device, and the results can be used as probable cause for more definitive testing. While the PBT shows results on an LCD screen, it doesn’t produce a printout. Drivers have the right to refuse this preliminary test, and its results are not admissible as evidence in court.

Evidential or Stationary Breath Tests (EBT)

Stationary breath tests, or EBTs, are conducted on larger machines typically located at the police station. Refusing this test can result in significant penalties. State regulations require officers to take multiple breath samples to ensure the results are reliable. The outcomes of these tests are printed and can be used as key evidence in court. Machines approved for use in West Virginia include models like the Alco test, DataMaster, and Breathalyzer. An experienced Wheeling DUI attorney will be familiar with these specific devices.

Errors in Breath Test Machines

While the breath test machines used to analyze blood alcohol content are generally considered accurate, several issues can lead to false positive results. Understanding these common problems is crucial.

• Software glitches or bugs in the device’s programming
• Environmental factors like temperature or humidity affecting the reading
• Electromagnetic interference (EMI) or radiofrequency interference (RFI) from nearby electronics
• Overestimation of BAC due to a standardized blood-breath partition ratio that may not apply to everyone
• Improper or infrequent maintenance and calibration
• Inclusion of substances other than ethyl alcohol in the test results, such as mouthwash or certain medical conditions

Breath Test Operator Mistakes

The accuracy of a breath test device also depends heavily on the skill of the person administering it. Mistakes made by the operator can lead to the dismissal of a DUI case because the BAC reading cannot be trusted as evidence. It’s important to be aware of potential errors made by officials, including police officers, during the test.

• The breath test was administered by a police officer who is not certified to operate the machine.
• The test was conducted during the peak absorption period, when BAC levels are still rising.
• There was a significant variation between different BAC samples taken.
• The officer failed to collect breath samples within the required time frame.
• The mandatory observation period before the test was not conducted correctly.
• The breath test machine was not properly calibrated.

Hiring a Wheeling criminal lawyer can help identify if any of these errors occurred during your stop.

Breath Test Machines in DUI Cases

In DUI cases throughout West Virginia, three primary machines are used to measure a person’s breath for alcohol impairment: the Intoxilyzer 8000, the DataMaster, and the Intoxilyzer 5000. It is essential for a Wheeling DUI attorney handling these cases to have a deep understanding of each machine. Every brand and model works differently and has unique programming. A defense attorney must be able to question law enforcement officers, state troopers, and other machine operators about their methods and qualifications to build a successful defense for their clients.

When defending clients against DUI charges based on a breath test, skilled Wheeling criminal attorneys investigate two primary areas. First, they scrutinize the calibration of the breath test machine. Questions about when the calibration was done, who performed it, and their qualifications for that role are critical. The accuracy of the machine’s calibration is paramount.

Second, the machine operator is a key consideration. Is their license current, or has it expired? Have they kept up with ongoing training on the machine’s use and any recent advancements? Did they administer the test to the individual correctly? This area is vital when constructing a defense. Operator error significantly increases the chances of a case being dismissed. A good Wheeling DUI attorney will thoroughly investigate this aspect.

Fortunately for those accused of a DUI, many breath test machines used in the state have been found to be defective. A past State Supreme Court ruling deemed some of them unreliable. Therefore, it is often possible to have BAC readings from a breath test machine suppressed or dismissed entirely. However, it’s becoming more common for authorities to use blood tests instead of breath tests.

Are you facing charges for Driving Under the Influence of alcohol? If you’ve taken a breath test, you need an experienced Wheeling criminal lawyer who understands these machines inside and out. The Logue Criminal Defense team is here with the expertise you need to fight your charges.

At Logue Law Group, we proudly serve Wheeling, as well as the surrounding areas in West Virginia and Ohio. Contact us today for a free initial consultation at (844) PITT-DUI or reach out online.

Don’t wait! DUI charges carry serious consequences, and unreliable machines and improperly trained operators can put your freedom at risk. The longer you delay in securing legal representation, the more difficult it becomes to have your charges reduced or dismissed. With Sean Logue and his associates at Logue Law Group, you’ll have a dedicated team fighting to get your life back. A skilled Wheeling DUI attorney is ready to help. Call now to take the first step!