Breathalyzer Evidence

Disputing Breath Test Results in Your DWI Case

Eric L. Mayer — DUI Defense in Indianapolis and Statewide

Arrested on suspicion of drinking and driving? If so, the officer most likely administered a breathalyzer test to gauge your intoxication level. However, if you registered .08 or more, you are not automatically guilty because these machines and the law enforcement personnel who use them are prone to error. In fact, there exist many legitimate grounds upon which to challenge breath test results.

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The Law Office of Eric L. Mayer in Indianapolis has had significant success in getting breathalyzer evidence dismissed, reducing DWI charges, or convincing a jury that the breath test conclusions were insufficient grounds on which to convict. Let our experienced DWI lawyer  determine if you can effectively challenge your breath test results. Mr. Mayer represents individuals throughout Indiana charged with DUI/DWI/OWI, including college students and out-of-state drivers.

The Breathalyzer Test — Not As Reliable As You Think

• Partition ratio — A standard breathalyzer machines presumes a breath-to-blood ration of 2100-to-1. The actual range in the human population is 1550-to-1 to 3000-to-1. Thus, if your partition ratio is at the low end, the breathalyzer machine will overestimate your blood alcohol content (BAC).
  
  
• Machine inspection — The state must prove that your breathalyzer machine was properly inspected by the Indiana State Department of Toxicology.
  
  
• Officer Certification — The state must prove that the police officer who administered your breath test was properly certified by the Indiana State Department of Toxicology.
  
  
• Calibration — If a breathalyzer machine is not calibrated properly (tested for accuracy), it can give a false reading. Breathalyzers are calibrated much less frequently than diagnostic instruments used in hospitals and other industries.
  
  
• Rate of Absorption — Blood alcohol content can increase after operation of your vehicle has ceased, especially if alcohol was consumed just before driving. Alcohol must be absorbed from the stomach lining into the blood stream before your BAC rises. In other words, it's possible that you were not intoxicated at the time you were driving, but that your BAC rose after you were arrested.
  
  
• Hematocrit — Hematocrit is the percentage of solid particles in the blood. (Plasma is the liquid portion). If your blood has a high hematocrit, the standard breath testing machine will overestimate your blood alcohol content.
  
  
• Mouth Alcohol — Alcohol in the mouth, as opposed to the stomach, can cause the breathalyzer machine to substantially overestimate your actual BAC.

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Contact a criminal defense attorney with more than 27 years of experience and an extensive knowledge of Indiana DUI law. Eric L. Mayer will aggressively challenge breathalyzer results and any other evidence obtained in your DUI arrest. He will fight to beat the charges against you and/or minimize the impact that a drinking and driving arrest has upon your life.