In a Driving While Intoxicated case with a breath test, the government must prove that the defendant's blood alcohol concentration, at the time of driving, was at or above the legal limit of 0.08.
A breath test measures an amount of alcohol in a sample of air blown into a machine. Contrary to what the government says, these machines are extremely unreliable.
While the test is easy to perform, there are many factors that can affect the results.
A few common factors are:
- the body temperature or the person blowing into the machine
- atmospheric pressure
- a person’s weight
- whether a person blows on a full or empty stomach
- the length the person blows and more.
Internal problems with the machine can also distort a person’s result.
Many people believe that if they blow above the legal limit then they will automatically be found guilty of the crime.
This is not true.
Overcoming a breath test result is possible in many instances. Since each case is different, it takes hard work and an experienced attorney to find the best method of attacking a breath test.
