When an officer suspects that you are DUI, more than likely that you will be taken to jail and asked to submit to a breath test. The breath test is voluntary; you can choose not to blow into the machine. However, under the implied consent law, refusing the test can result in a suspension of your driver’s license for up to 18 months.

If you choose to blow, the officer will use a machine called an Intoxilyzer. The Intoxilyzer is designed to measure the amount of alcohol content in the breath. If your breath sample is shown to be over a .08, the officer will charge you with DUI. If the sample is over a .15, the officer will charge you with an enhanced DUI.

If you provide a breath sample of .08 or above, there is a presumption at trial that you are impaired. In order to overcome this presumption, you must speak with a qualified DUI attorney who can explain how the results may be discredited.

If your breath sample is below a .08, the officer will not “un-arrest” you. More than likely, the officer will request additional testing. If this occurs in your case it is very important that you speak with an attorney familiar with DUI law. They can explain your rights and how the low result may affect the filing decision in your case.

There are several ways the attorneys at Finebloom and Haenel challenge the results of the Intoxilyzer. The attorneys on our DUI defense team know that there are many factors that can influence Intoxilyzer results, and they investigate not only the machine itself, but the people who administer the test. Our attorneys are familiar with ways that outside factors such as medical conditions, radio frequency interference and poor oversight can produce inaccurate results. We use this knowledge to challenge your breath test result. Successful challenges to the Intoxilyzer can result in the reducing of charges or dismissal of your case. At Fineblooom and Haenel we are committed using our knowledge and experience in this area to obtain the best result possible for your individual situation.