Can A Breathalyzer Result Be Considered Inadmissible For Court?

There is no other law that entails harsher punishments and stiffer fines than driving under the influence laws. In every state in the US, being accused and convicted of driving under the influence can greatly affect your life in that you may be subject to community service, large fines and even imprisonment. All this stems from the police suspecting you of DUI.

When you’re pulled over, you’re not necessarily driving erratically or over speeding. You might have a broken taillight or even have the appearance of being drunk like having a flushed face, red eyes, etc. In order to get the exact figure of your blood alcohol concentration, a breathalyzer is used. You have to blow into the gadget and it will tell the police officer exactly if your BAC is higher than .08.

Together with DUI laws, there’s the implied consent law. This law provides that each and every licensed driver gives their consent to chemical testing so that BAC as well as reasonable suspicion of intoxication is established. There are other chemical tests for BAC that you may have to submit to if the police officer requests it like blood analysis or urine analysis. But the use of the breathalyzer is the most method if testing in the field because 1) this equipment is portable making it easier to administer the test on the spot, 2) it can be used by non-medical personnel.

There are however, circumstances when breath tests are unreliable and in this situation, it can be inadmissible in Las Vegas, Nevada courts. With a highly skilled attorney and an expert in the science of breathalyzers, if the only evidence of intoxication is the breathalyzer result, this evidence can be found inadmissible because of a malfunctioning device, improper way of handling the breathalyzer, and even how the police officer maintains and cares for this device. More specifically, assumption of a 2100 to 1 blood to breath ratio can possibly be scientifically unreliable.

If training and qualification of the test administrator of the breathalyzer test is questioned, breathalyzer results can be inadmissible in court. Questions about how the test was administered are raised. If the machine wasn’t warmed up to the right operating temperature, the breathalyzer cannot get a deep lung sample. Sometimes, your characteristics might even affect the figure of BAC given by the device. For example, you have a certain condition like diabetes or bronchitis. Breath results can be unreliable and thus inadmissible evidence.