Challenging the Breath Test

Lynnwood DUI Attorney

A driver will face DUI charges in Lynnwood if he or she is arrested for suspected drunk driving and takes a breath test or blood test that shows a result of .08% or greater. Most often, breath tests are used in these cases. In the wake of a "failed" breath test, it may seem that there is nowhere to turn and no way to avoid a conviction. However, with the proper DUI defense representation it may be possible to disprove the results of a breath test. These devices have inherent faults and may malfunction if they are not properly calibrated and maintained. An attorney experienced in handling drunk driving charges will know what to look for in faulty breath tests to help a defendant avoid a conviction.

Disputing the Validity of a Breath Test

With my experience as a former prosecutor who worked on the other side of DUI charges for seven years, I understand exactly how to look into a breath test to determine whether it can hold up in court. I represent drivers throughout the Lynnwood area and stand ready to bring to light such issues as:

  • A breath test device that was not properly calibrated in accordance with state regulations
  • A test that was administered by an unqualified or untrained individual
  • A test that was improperly administered (for example, the driver should be monitored for 15 minutes prior to the test to ensure that he or she does not belch, vomit, eat, drink, smoke or chew gum as this may alter test results)
  • A breath test result that should be declared invalid due to a physical illness or condition that skewed the results (for example, gastroesophageal conditions have been known to adversely affect the outcome of a breath test)

Searching for an attorney for your DUI case in Lynnwood, WA? Contact a Lynnwood DUI lawyer from the Law Office of Lance R. Fryrear right away!