Reliability of Breath Tests in Kansas
Overland Park DUI Lawyer
A person can be arrested and convicted on a DUI charge based on the results of a breath test showing a blood alcohol concentration (BAC) of .08% or higher. At the Neighbors Law Office, a frequently asked question surrounds the reliability of these tests and whether they are infallible. My practice focuses almost solely on DUI law and defending DUI charges and my 30 years of experience have shown that there are many instances where breath tests can be proven to be unreliable.
Police departments in our state depend on the Intoxilyzer 8000 to determine the BAC of suspected drunk drivers. As a skilled trial attorney, it is my job to know this machine and its faults. The integrity of these tests can be greatly influenced by errors in procedure by a police officer, factors in the environment and physiological elements which can skew the results.
As soon as you are arrested, it is vital to contact a seasoned Overland Park DUI defense attorney who knows the Intoxilyzer 8000 and can exploit its faults in combatting the charges against you.
Breath Test Limitations
- Some of the known faults in breath tests using the Intoxilyzer 8000 are:
- That the machine can mistake mouth alcohol, which can be caused by a variety of factors outside of intoxication, for breath from the lungs used to measure BAC
- Electrical and radio interference, such as the use of mobile phones, police scanners, radios and varied voltage in electrical lines can influence the device
- The officers who administer the tests are commonly unfamiliar with the manufacturer's own manual and may, therefore, fail to follow proper protocol in its use
- The accuracy of the machine is tested just one time a year. Also, law enforcement is supposed to calibrate and check the devices regularly and keep records of this maintenance. Review of these records may reveal insufficient upkeep to ensure reliability
- If the body of the drunk driver is not in the correct position or the suspect ingests anything 20 minutes prior to the test, the results can be in error
- Physiological or medical conditions in a person can cause a falsely high BAC
Contact Neighbors Law Office Today!
Countless DUI cases have been won based on the unreliability of a breath test but it takes an attorney who knows the device and is willing to fights hard for his client's rights. Breath tests for DUI can produce incorrect results.
Find out how by contacting an Overland Park DUI lawyer from my firm.
Commonly Asked Questions
Have questions? We are here to help. Still have questions or can't find the answer you need? Give us a call at 913-648-3360 today!
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Because it is illegal, under Kansas law, to plea bargain a DUI charge, the plea options, in a Kansas DUI matter, are usually limited to the following:
- Take the matter to Trial
- Consider diversion (if the person is eligible for diversion)
- Consider a plea of guilty, or no contest, to the DUI charge (if no better option is available) with negotiated plea minimums and, possible, dismissal of non-DUI charges that may be accompanying the DUI charge
A 4th alternative may be having the DUI charge dismissed IF the defense can show the prosecution that there is insufficient evidence to support a conviction to the charge - however, only an experienced attorney can understand the complexities of a DUI case, and conduct the relevant discovery (reports, lab results, video/audio recordings, and witness statements) needed to show the prosecution the true weaknesses to their prosecution case. I believe that every client deserves to have the best result possible under the circumstances of their case. I educate my clients on the relevant law regarding their factual circumstances so that my client can make the best decision possible regarding the outcome of their case.
- To receive clear cut answers to your questions on DUI charges, contact an Overland Park DUI lawyer from my firm.
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My name is Steve Neighbors, and I've successfully practiced law for 30 years. I have purposefully narrowed the scope of my practice to concentrate on DUI defense and in my experience, it is only through aggressive, and thorough, defense work, in opposition to the prosecution of DUI charges, that my client will obtain the best outcome possible. Your freedoms and rights are at stake; and, with a knowledgeable attorney working for you, there are many times when your charges can either be reduced, or dismissed (for insufficient evidence to convict) - which could result in the penalties you face being diminished.
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That depends upon the exact DUI offense you have been charged with, the severity of the crime and your prior DUI history. Commonly, DUI offenses are penalized by fines, community service, driver's license suspension, a jail sentence and possible impoundment of your vehicle. In addition, you will have to attend an alcohol awareness program. In some cases, an ignition interlock device will be installed in your car.
For more serious charges such as multiple DUI, felony DUI or vehicular manslaughter the penalties increase substantially.
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Steve, Thanks for all your help and advice last year! This year, I promise to be good. If not, I will be in contact with you!
“Steve, Thanks for all your help and advice last year! This year, I promise to be good. If not, I will be in contact with you!”- Rene O. -
If ever anyone comes to me needing a referral, I would give them your name instantly with rave reviews. Again, thank you for everything!
“If ever anyone comes to me needing a referral, I would give them your name instantly with rave reviews. Again, thank you for everything!”- B.R. -
His prices are fair but more importantly, he gets the job done and keeps me in the loop.
“His prices are fair but more importantly, he gets the job done and keeps me in the loop.”- A.C.
