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A DUI lawyer in Omaha may use a person’s breath test as a defense strategy depending on the circumstances. In these situations, an attorney is looking for some irregularity that could impact the accuracy of the test.
An attorney can discuss other circumstances that could serve as beath test defenses for an Omaha DUI case. Then, a diligent DUI attorney can thoroughly investigate the facts of your case to determine whether these defenses may apply.
Improper Calibration of Breath Tests in Omaha
This machine is designed to be calibrated routinely following a specific method. If it is not calibrated then a skilled lawyer can challenge the validity of the results of the breath test. A detail-oriented lawyer can examine the circumstances to see if the breathalyzer was properly calibrated.
How Can the Temperature of a Person’s Breath Alter the Results?
There are studies that have shown that a person’s blood alcohol concentration can be influenced by their body temperature. A person can either use this defense to show that the test was inaccurate due to the temperature of their breath. However, in most situations, a person is not aware what their exact temperature was when they took the test. Additionally, there may not be evidence to prove their temperature at the time they took the test. An attorney could examine the specific circumstances to determine whether this may be a valid defense.
Alcohol-Based Products on a Person’s Breath
Products that contain alcohol, such as mouthwash and cough syrup, will falsely inflate the results of a person’s breath test. The state is going to say that there is this waiting period that they observe to make sure that there is no residual alcohol from mouth wash or any other substance that could produce false results. A lawyer’s job is to make sure that the state followed all necessary procedures to get accurate data. If they did not, a lawyer may be able to show the potential inaccuracy of the test.
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The Effect of False Teeth and Dentures
Dentures, fake teeth, and even crowns can hold alcohol in them that could produce false results on a breath test. If a person has residual alcohol in their mouth from an alcoholic drink, it may falsely increase the results of a breath test. However, an attorney can argue that these factors skewed the results.
How Certain Diseases Can Produce False Breath Test Results
Gastrointestinal intestinal reflux disease (GERD) and acid reflux are conditions that may result in a breath test recording an answer that may be numerically accurate but not because the person had been consuming alcohol. With those diseases, any alcohol in a person’s stomach may be in their mouth. This can produce unfair results.
Reach Out to an Attorney to Discuss Breath Test Defenses for an Omaha DUI Case
An individual should be open and honest with their lawyer at all times. That puts the lawyer in the best position to build a defense for them. As far as the information related to medical conditions or other factors that could impact a breath test, it is better to let their attorney know than to think it will not matter. The more information the lawyer has, the better defense they can craft on a person’s behalf. To discuss breath test defenses for an Omaha DUI case, call Berry Law today for a consultation.
