St. Louis DWI Attorney – Breath Test Defenses
Errors and Problems with the Breathalyzer
The breath testing system in Missouri is out dated and scientifically inaccurate. This means DWI cases in the St. Louis area and DWI cases throughout the State of Missouri have many theories of defense that can be used against a breath test result. The first problem many people, and also many inexperienced DWI attorneys make, is to believe the breath test result is an accurate result that is beyond challenge. This is simply not the case. On this page you will read about the general deficiencies in the Missouri Breath Testing Systems, but please look through the other pages associated with some of the specific defenses that can be used to challenge the breath test in Missouri.
One major problem with a Missouri breath test is that police officers are only required to take one test. When it comes to science, and make no mistake a breath test is a scientific test, one test is never enough to validate results. This is further illustrated by as many as 45 of the 50 states requiring duplicate testing in every DWI case where a breath test is administered. In the states that require duplicate testing in DWI cases the results of the two tests are examined to make sure they are both within a relevant range. If one test is a 0.09% and the second test is a 0.16% then both results must be thrown out because those results would be impossible and the police officers would not know which of the two results, if either of them, is an accurate result. A second benefit of duplicate testing in DWI cases is that it can be seen whether the suspect’s blood alcohol content was rising or falling at the time the two breath tests were conducted. Results of this nature can make certain defenses, such as Rising Blood Alcohol, available for an experienced DWI attorney in cases where the breath test results are near the legal limit of 0.08%.
The lack of duplicate testing is only one example of the deficiencies of the Missouri Breath Testing System for DWI cases. Experienced DWI attorneys in the St. Louis area and throughout Missouri know to look for many other defenses against the results of a breath test including: Poorly Calibrated Breath Test Machines, an Invalid Sample, Mouth Alcohol, and GERDS.
If you or a loved one has been charged with DWI please call The Law Office of Jason A. Korner at (314) 409-2659 today. It is important to have your case reviewed by a knowledgeable lawyer who focuses on aggressive DWI defense. Jason Korner has the skills and knowledge to effectively challenge breath test results in DWI cases in the St. Louis area and throughout Missouri.