Challenging Breath Test Results in DUI or DWI Cases
The Dothan office of Parkman, Adams & White focuses on DUI defense in South Alabama and the Florida Panhandle. As a result, we have gained a great deal of experience and technical familiarity with the Draeger Alcotest 7110 breath analysis device used by Alabama law enforcement agencies.
This experience helps our trial lawyers make effective presentations at jury trials whenever defects in the operation or maintenance of the Draeger raise questions as to your correct blood alcohol concentration. Contact our Dothan office for a free consultation about your defense options based on toxicology reports.
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A blood alcohol reading of .08 or greater will support a conviction on most DUI charges in Alabama or Florida. For commercial drivers, the level is .04. For underage drivers, a blood alcohol concentration as low as .02 can be sufficient to convict.
If your DUI case involves a reading substantially higher than any of these minimum thresholds, a defense based on toxicology probably won't be as effective as it will when the reading is closer to the minimum. Whenever our cross-examination shows that the law enforcement officer who conducted your breath test didn't understand how to do it properly, however, you stand a good chance of ruining the government's ability to prove its case beyond a reasonable doubt.
In Alabama cases, you get two chances to challenge the toxicology evidence — first before a judge, then before a jury. While we don't often win at the first hearing, we usually find out whether your toxicology defense stands a good chance before a jury. Because we handle all phases of your DUI defense for a single flat fee, we can advise you about your ability to present a strong defense based on mistakes in the breath test.
Lots of things can go wrong with a Draeger breath test — operator error, lack of operator certification, even radio interference or diet-related mouth alcohol. To learn whether any of these might strengthen your drunk driving defense, contact an attorney at Parkman, Adams & White in Dothan.
