Indianapolis Breath Test OWI Lawyer
When a police officer suspects that a driver may be intoxicated, they may perform a variety of tests to make sure. They may ask the driver to perform field sobriety tests first to get an idea of their level of impairment.
If it is determined that the driver cannot control their basic motor skills, then the police officer may proceed to a breath test. A breath test is done using a device called a Breathalyzer. A Breathalyzer measures how much alcohol is in the air you breathe out. It then uses that measurement to estimate how much alcohol is in your blood. That number is known as your blood alcohol content (BAC). A BAC of 0,08 or above is illegal in Indiana. A person can be charged with operating while intoxicated (OWI), which is like a DUI.
Breathalyzer devices are not foolproof, though. They are prone to errors due to lack of training. This means it’s possible for a reading to be higher than expected, causing a driver to be charged with a DUI for no reason.
If you think this has happened to you, you need to defend yourself. The Indianapolis breath test OWI lawyer at Rigney Law LLC can help. Schedule a consultation with our office today.
Breath Test Defenses
If you have been charged with a DUI based on a breath test, there are some ways you can defend yourself and possibly beat the charges. Here are some things you can challenge:
- Machine was out of calibration. If you can prove that the Breathalyzer was not properly calibrated, then this would show that the device is not accurate.
- Insufficient observation period by the officer. The police officer must comply with a 20-minute observation period before performing the breath testing.
- Medical conditions. GERD, acid reflux, and other gastrointestinal illnesses can lead to an inaccurately high BAC reading due to irregularities in the way the breath test operator administered the test.
- Unqualified breath test operator. The police officer may not have been properly qualified to administer the test.
- Conversion issues. Breathalyzers don’t read your blood alcohol content. Instead, they actually estimate your BAC levels. A Breathalyzer attempts to measure the blood alcohol in your breath from the lungs. It then converts your breath alcohol content to blood alcohol content. This, however, is simply an estimation, not a true reading.
- Mouth alcohol was present at the time of testing. Anything that contains alcohol, such as mouthwashes and cold medicines, can leave residual traces in the mouth. This can lead to a positive breath test.
Contact Rigney Law LLC Today
An OWI charge can come with serious penalties. If you feel you have been wrongly accused of being intoxicated, you need a lawyer to help defend you.
With Rigney Law LLC on your side, you’ll get the best defense possible for your DUI case. Our Indianapolis breath test OWI lawyer will thoroughly assess your case to look for errors. To schedule a consultation, call (317) 623-0989 or fill out the online form.