How can you beat the breathalyzer test ? By hiring the best criminal defense attorney in Ohio. I say it again and again; DON’T take any tests if you have been pulled over by law enforcement EVEN if you have only had one drink. Actually, EVEN if you haven’t had a drink at all. The Breathalyzer machine is not a friend to anyone. It is not reliable and is not 100% accurate. It can filter out other chemical substances that can mimic alcohol but the margin of error is still there.
The Breathalyzer is sensitive to a person’s temperature – the higher the temp the higher the BAC is read. If the person is holding their breath, the BAC reading will be higher. Alcohol is also detected in mints, cough syrup and more. If the arresting officer hasn’t calibrated the device properly results could be skewed. All of which can be used as a DUI defense by a good criminal defense attorney.
Furthermore, in Ohio, the Supreme Court ruled back in October that a court could exclude breath test evidence from a DUI case if the prosecutor failed to provide the defendant with data on the reliability and functionality of the breathalyzer used in the case. The data of the device used is easy and inexpensive to get, but even more of a reason a person would need a good criminal defense attorney to help get a subpoena.
The Bottom Line: If you are pulled over; don’t take any tests. If you have and you were given the Breathalyzer test, know that these machines are not trustworthy. Or, the police may not have followed proper procedure. You will need an attorney because even one small mistake could affect the reading. The machines must be calibrated, adjusted and cleaned often. It could be that the officer who stopped you even made an error in procedure. Call me to help you prove that the roadside breathalyzer used to arrest you for a DUI was faulty. 513-260-2099