Arrests & Evidence Can Be Challanged

Was the breath test operator doing his or her job properly? Improper administration of breath tests can lead to artificially inflated alcohol readings. Police departments and prosecutors rarely voluntarily disclose when breath tests were conducted improperly or when DUI breath test machines are defective.

A number of factors can lead prosecutors plea down DUI charges to less serious offenses. Examples include when a judge orders that certain evidence not be admissible at trial or when a defense attorney discovers that a client has a health condition which mimics the symptoms of alcohol impairment, taking prescription medications and use of illegal drugs or the unavailability of police or civilian witnesses.