Reader’s Question:

My sister was charged with DUI here in Tanner-Williams, Alabama and of course, we are doing our best to help her. I have heard several times that the breath test in a DUI case is unreliable. How can we prove that this is true so that the evidence from it can be thrown out of court?

Elaine

Tanner-Williams, AL

Alabama DUI laws have rules and regulations regarding the breath test given to people suspected of DUI. The very critical point for the prosecution is to prove that these rules were followed. It would leave an open attack on the results on the grounds that the technical rules weren’t followed. There are so many lawyers who do not read the statute and regulations covering breath testing. Those who don’t know the rules don’t realize that violations of the regulations introduced into evidence could show that the results are unreliable. Moreover, showing the unreliability of the breath test could be used to exclude the breath test results altogether.

Your sister’s lawyer on her DUI case in Tanner-Williams, Alabama should take note that the officer was supposed to watch her for 20 minutes before giving the test to make sure that she didn’t burp, hiccup or puke. These things could actually skew the results of the breath test. Many courts have excluded the breath test results because of this violation even though the accused may not have actually burped, hiccupped or vomited.

Tags: breath test, DUI, DUI lawyer