Your Defense Against Unreliable Breath Test Results

Defending Against DUI Breath Test Results

Accused of a DUI after a breath test? Breathalyzer results aren’t always accurate, and your defense matters. Let Josh McIntosh Law protect your rights and challenge questionable evidence.

Challenging Results, Protecting Your Rights.

Understanding DUI Breath Tests in Kentucky

Understanding DUI breath tests is crucial if you’ve been pulled over for suspected impaired driving in Kentucky. These tests are designed to measure the alcohol concentration in your breath, providing an estimate of your blood alcohol content (BAC). While the legal BAC limit in Kentucky is 0.08%, the accuracy of breath tests can be influenced by factors like calibration, medical conditions, or external substances.

If you’re facing DUI charges, it’s essential to know your rights, including the option to refuse the test and the possibility of challenging its results in court. Consulting an experienced DUI attorney can help you navigate the complexities of your case and explore potential defenses.

At Josh McIntosh Law, we specialize in DUI defense and can provide the guidance you need. Contact us today at (859) 217 4467 for a free consultation to discuss your case and learn about your options.

Fighting
for Your Rights

DUI Breath Tests in Kentucky: What You Need to Know

If you are pulled over under suspicion of driving under the influence (DUI) in Kentucky, one of the tests you may be asked to take is a breath test. In this article, we will explain what a breath test is, how it works, and what you should know if you are facing a DUI charge in Kentucky. 

How Does a Breath Test Work?

In a breath test, you will be asked to blow into a device called a breathalyzer. The breathalyzer measures the concentration of alcohol in your breath and provides a reading that reflects your blood alcohol concentration (BAC). In Kentucky, the legal BAC limit is 0.08%. If your BAC exceeds this limit, you can be charged with a DUI.

It’s important to note that breathalyzers are not always perfectly accurate. They require proper calibration and maintenance to provide reliable results. Various factors, including mouth alcohol, medical conditions, and the presence of other substances in your body, can influence the test’s accuracy. Learn more about the inaccuracies of breathalyzers.

What Should You Know if You Are Facing a DUI Charge in Kentucky?

If you are facing a DUI charge in Kentucky, it’s crucial to understand your rights and options:

❊ Right to Refuse: You have the legal right to refuse a breath test. However, refusing the test can result in consequences, such as license suspension or increased penalties if you are convicted of DUI.

❊ Challenging the Results: If you take the breath test and your BAC reading exceeds the legal limit, it does not automatically result in a conviction. The test results may be contested if there are issues with the breathalyzer’s calibration, improper maintenance, or if other factors affected the test’s accuracy.

❊ Legal Assistance: It’s essential to consult with an experienced DUI attorney if you are facing a DUI charge. A qualified attorney can review the details of your case, explain your legal options, and help you build a solid defense.

Contact Josh McIntosh Law Today

If you’re facing a DUI charge in Kentucky, having a skilled attorney on your side is crucial. Contact Josh McIntosh Law today to discuss your case. We can help you understand your rights, evaluate the circumstances of your breath test, and explore potential defenses. Reach us at (859) 217 4467 or email josh@joshmcintoshlaw.com
for a free consultation.

DUI/OVI Financing Available

At Josh McIntosh Law, we understand that legal fees can be a concern during a difficult time. That’s why we offer financing options for DUI and OVI cases, so you don’t have to face these challenges alone.

DUI/OVI

DUI Defense

Felony DUI

Marijuana DUI Lawyer

DUI Blood Tests

DUI Breath Tests

DUI Breath Test Defenses

Driver’s License Suspensions

DUI Breath Test Inaccuracies

Trusted Support

Achieving Justice with Compassion & Expertise

Free Consultation

We offer free consultations for most types of cases, giving you the opportunity to understand your legal options without any financial pressure. This empowers you to make informed decisions on how to move forward with your case.

No Attorney Fees

For personal injury cases, we operate on a contingency fee model, meaning you pay nothing unless we win your case. This ensures that your focus remains on healing while we work tirelessly to secure the compensation you deserve, with clients only responsible for court costs.

Flexible Payment Options

Recognizing the financial strain legal matters can create, we provide financing options to help with attorney fees. This flexibility allows you to access quality legal representation without the added stress of immediate financial burdens.

Testimonials

What Our Clients Say

Our clients’ success stories speak for themselves. Read what others have to say about their experience working with us and how we’ve helped them navigate challenging legal matters with confidence and ease.

“Incredible Service and Support!”

“Josh McIntosh Law was a lifesaver during my criminal defense case. They were attentive, compassionate, and fought tirelessly for me. I couldn’t be more grateful for their dedication and expertise. Highly recommend!”

Sarah T.

“A Trusted Legal Partner”

“I was going through a tough divorce, and Josh McIntosh Law helped me every step of the way. They made a difficult process much easier and ensured my rights were protected. I’m beyond thankful for their professionalism.”

John D.

“Top-Notch Personal Injury Representation”

“After my accident, I turned to Josh McIntosh Law for help. They handled my case with the utmost care and secured a settlement far beyond my expectations. If you need a lawyer you can trust, look no further.”

Emily R.

Years Experience

Clients Served

5-Star Reviews

Client Focus

Why Choose Josh McIntosh Law?

Your Rights
Our Priority

At Josh McIntosh Law, we provide expert legal representation for individuals across Kentucky and Ohio. Our firm is founded on the principles of trust, integrity, and a relentless commitment to achieving the best possible outcomes for our clients. Whether you’re facing criminal charges, recovering from a personal injury, or navigating family law issues, we are here to guide you through every step of the legal process with confidence.

Our founder, Joshua McIntosh, brings years of experience and a deep understanding of the law to every case. With a proven track record in criminal defense, personal injury, and family law, we are dedicated to fighting for your rights. We understand the challenges you face, and our goal is to provide personalized solutions tailored to your unique situation, ensuring that you are always informed and supported.

At Josh McIntosh Law, we believe that no one should face legal battles alone. That’s why we offer free consultations for most cases, as well as contingency fees for personal injury claims, meaning you pay nothing unless we win. Our team is focused on delivering results while treating every client with the care and respect they deserve. If you need a dedicated and experienced attorney, we are here to fight for you.

Your Rights, Your Defense, Your Justice.

Challenge Your DUI Charges Today!

Don’t let a breath test dictate your future. With proven strategies and dedicated defense, Josh McIntosh Law is here to protect your rights and fight for the best possible outcome. Contact us now for your free consultation!

Our Services

Areas of Practice

Criminal Defense

Representing clients in serious criminal cases like assault, homicide, and federal crimes, ensuring strong advocacy and strategic defense.

DUI/OVI Defense

Defending against DUI charges, license suspensions, and related offenses to protect clients’ driving privileges and legal records.

Traffic Offenses

Assisting with traffic violations, CDL issues, and expungement needs to help clients maintain clean driving records.

Family Law

Providing compassionate representation in divorce, custody, and support cases, along with guidance on prenuptial and postmarital agreements.

Juvenile Law

Representing minors in legal matters, advocating for their rights and best interests in court and settlement situations.

Personal Injury

Advocating for injury victims to secure compensation for damages caused by accidents and negligence, with no fee unless successful.

Our Approach

How We Work for You

01

Consultation
We begin by understanding your needs and evaluating your case thoroughly.

02

Strategy
A customized plan is developed, ensuring the best approach for success.

03

Resolution
We work tirelessly to achieve the best possible outcome for you.

Quick Answers to Common Legal Concerns

Frequently Asked Questions

What is the legal limit for blood alcohol concentration (BAC) in Kentucky?

In Kentucky, the legal limit for BAC is 0.08%. If your BAC is above this limit, you may face DUI charges.

Can breathalyzer results be challenged in court?

Yes, breathalyzer results can be challenged. Issues such as improper calibration, maintenance errors, or external factors like medical conditions can affect the accuracy of the test.

Do I have to take a breath test if I'm stopped for DUI in Kentucky?

You have the right to refuse a breath test, but refusing may result in consequences such as license suspension or enhanced penalties if convicted of a DUI.

Are breath tests always accurate?

Breath tests are not always accurate. Factors like mouth alcohol, faulty equipment, or improper administration can lead to false readings.

What happens if I refuse a breath test?

Refusing a breath test in Kentucky may result in an automatic license suspension and could be used against you in court as evidence of possible impairment.

Why should I hire a DUI attorney for breath test cases?

A DUI attorney can help you understand your rights, analyze the evidence, and challenge inaccuracies in the breath test to build a strong defense and achieve the best possible outcome.

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