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Potential Breath Test Defenses

No Continuous Observation for Entire 15 Minutes Before First Breath Sample
Many Officers will attempt to include transportation time as part of required observation period, but if he goes to his trunk and/or walks around before removing you from police car, or you were left alone at anytime prior to taking the test this should not be counted in the 15 minutes.

You Burp, Belch or Regurgitate Within 15 Minutes of the First Breath Sample

Your Health
Asthma, Bridgework, Bronchitis, Chronic Obstructive Pulmonary Disease, dentures, Emphysema, Gastric Reflux, gum disease, Gingivitis, Hernia, Irritated Bowel Syndrome (diagnosed and treated before date of arrest).

Your Behavior Does Not Match Test Results
This must be shown by a neutral independent witnesses.

Breath Test Room Interference
Radio Frequency Interference from a cell phone, radio, or other equipment may cause the breath machine to give artificially high reading. In addition a shared power supply with heater or other appliance.

Recent Exposure to Volatile Fumes
Lacquer, gasoline, paint, dry cleaning fluids with cumulative reading can cause an elevated result.

"The Tyndall effect." A gas propellant is used to deploy your air bag. This can cause diffusion of light in the breath machine therefore causing an elevated result.

Something in Mouth Containing Alcohol
Breath Drops with alcohol, Snuff, etc.

Improper or Out of Agreement Tests
To be valid a breath machine result must have two test where both results are within 0.02% of each other.

Officer Refuses to Permit Your Request for a Second, Independent Test

Elevated Temperature
Fever, hot tub, sauna, detention in hot sun or back of patrol car in summer, dancing, menstrual cycle can all cause your body temperature to exceed the "norm" as set in the machine.

Irregular Blowing Pattern
Crying can cause a water vapor problem.

Results Not Obtained Within 3 Hours
The law requires that the government prove the test was taken withing 3 hours of the driving.

Alcohol Consumed After Driving

Consuming Alcohol Within an Hour to Hour and Half of Taking the Breath Test (During the Absorptive Phase)

Please feel free to contact our office at 800.978.0186 or for answers to any questions you may have about DUI breath testing.