Challenging a DUI Breath Test

You can challenge a breathalyzer test in the following ways:

1) Was the software modified on the machine?
2) Did the machine take into account of mouth alcohol from gum chewing, belching, blood, etc.
3) Has the machine been properly calibrated?
4) Were than any mechanical defects with the breath test machine?
5) When was the breathalyzer administered?
6) How was the software on the machine set?

These are some of the ways tou can challenge a breath test. For further information, contact your Attorney Peter Buh or read his article Kane County DUI Attorney.

Peter Buh, Your DUI Attorney

Statutory summary suspensions were laws aimed at punishing drivers when they are charged with DUI. If a person refuses to submit chemical testing, ie breathalyzer test, blood test, or urine test, or submits to a test which indicates a blood alcohol level in excess of .08, the person’s license will be suspended on the 46th day from the date of the arrest. The length of suspension will be as follows:

1) 6 months for first offenders who submit to the testing;

2) 12 months for first offenders who refuse to submit to the testing;

3) 12 months for a BAC greater than.08 who is not a first offender;

4) 3 years for those who refuse chemical testing who are not first offenders.

A person is eligible for a driving permit if they are considered a first offender. The person must apply with the court and have a Breath Alcohol Interlock Ignition Device (BAIID) installed on their vehicles. The costs vary but can be as low as $1000 for a 6 month suspension to $2000 for a 12 month suspension.

A person has the right to contest the summary suspension, but it must be filed within 90 days of the service of the notice summary suspension. The burden of proof at the hearing is on the motorist. The motorist has the right to a timely hearing, either within 30 days or the first court date. There are numerous grounds to have a summary suspension rescinded.

1) Motorist was not properly placed under arrest for a DUI;

2) No probable cause to for the DUI arrest;

3) Motorist not properly warned;

4) Motorist did not refuse to submit to the test;

5) Motorist was not driving or in actual physical control of a motor vehicle.

It is important to retain an attorney who is highly experienced in DUI law. Your DUI attorney may be able to challenge various portions of summary suspension. In addition to challenging the suspension, your attorney may able to have the criminal case dismissed or reduced from a DUI. For further information, contact your Kane County DUI Attorney or DuPage County DUI Attorney.