Do I have a case if there was a DUI breath test error? How? 8 Answers as of October 06, 2015

I received a DUI and blew a .21 and then a .24 3 minutes later. This seems like a big difference. Do I have a case? Is there a margin of error to prove the machine was working right?

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Anderson Law Office
Anderson Law Office | Scott L. Anderson
You should contact an experienced DUI attorney asap. The machine is supposed to require a retest if it is outside of a certain parameter.
Answer Applies to: Minnesota
Replied: 10/6/2015
S. Joseph Schramm | Joseph Schramm
Both readings are way above the legal limit and fall within the highest levels of punishment. You might have a case if you first blew an 0.08 or lower and then blew a .24 because that would be a significance that could result in a decision not to prosecute or a lower level of fines and punishment. However, under the facts you recite you would probably not be able to challenge the results successfully.
Answer Applies to: Pennsylvania
Replied: 9/30/2015
Lawrence Lewis
Lawrence Lewis | Lawrence Lewis, PC
You can always challenge the breath test, but that requires a skilled attorney.
Answer Applies to: Georgia
Replied: 9/30/2015
Nichols Law Firm
Nichols Law Firm | Michael J. Nichols
There is a "margin of error" but you are using a misnomer. It is "uncertainty." Contact a qualified DUI attorney. That is a large range.
Answer Applies to: Michigan
Replied: 9/30/2015
Law Office of Jeff Yeh
Law Office of Jeff Yeh | Jeff Yeh
If it is more than 0.02 different, they are required to take a 3rd test. You need to hire a DUI specialist, and do it soon because you have only 10 days to save your license.
Answer Applies to: California
Replied: 9/30/2015
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    Even if there were a margin of error, the difference between .21 and .24 is too small to use as evidence of anything. And the penalty is likely identical in either case. You probably don't want to waste your money on fighting this issue. However, your discovery request can include a request for records of the testing of the machine.
    Answer Applies to: Wisconsin
    Replied: 9/29/2015
    Law Office of Russell A. Warren
    Law Office of Russell A. Warren | Russell A. Warren
    No there is not a substantial case there. Due to the "Blood Alcohol Curve", your BAC WILL increase like that. Further, they do not have to use a BAC reading to bring a DUI charge - all they have to prove is "impairment".
    Answer Applies to: Missouri
    Replied: 9/29/2015
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    I would certainly have a attorney look into the matter, and also you should be aware that if the tests are shown to be accurate you are going to probably have an enhanced charge of super drunk.
    Answer Applies to: Michigan
    Replied: 9/29/2015
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