If you have been charged with driving under the influence (DUI) in Kentucky, it is crucial to understand your legal rights and the potential defenses that may be available to you. One common type of evidence used in DUI cases is the breath test, which measures the amount of alcohol in an individual's breath. However, breath tests are not infallible, and there are several defenses that can be used to challenge the validity of the test results. In this article, we will discuss some of the common defenses to breath tests in DUI cases.

Improper Administration of the Test

The breath test must be administered properly in order to produce accurate results. If the test was not administered according to the required protocol, the results may be challenged. Examples of improper administration include failing to observe the individual for the required amount of time prior to the test, not properly calibrating the testing equipment, or failing to use a new mouthpiece for each individual tested.

Medical Conditions

Certain medical conditions can affect the accuracy of breath tests. Conditions such as gastroesophageal reflux disease (GERD), acid reflux, or heartburn can cause alcohol to be present in the mouth, leading to a higher BAC reading. Additionally, individuals with diabetes, liver disease, or other medical conditions may have higher levels of acetone in their breath, which can lead to a false positive on the breath test.

Rising Blood Alcohol Levels

It takes time for alcohol to be absorbed into the bloodstream, and as a result, an individual's blood alcohol level may be rising during the time they are being tested. If an individual consumed alcohol shortly before driving, their BAC may be lower at the time of driving but higher at the time of the breath test. This is known as a "rising blood alcohol" defense, and it can be used to challenge the accuracy of the breath test results.

Machine Malfunction or Inaccuracy

Breath testing machines are not infallible and can malfunction or produce inaccurate results. For example, if the machine has not been calibrated or maintained properly, it may produce false readings. Additionally, the machine may not be properly detecting the individual's deep lung air, which can lead to an inaccurate BAC reading.

Inaccurate Observations by Law Enforcement

In order for a breath test to be admissible in court, law enforcement officers must follow certain protocols and make accurate observations. If the officer did not properly observe the individual prior to administering the breath test, or if the officer did not follow proper procedures, the results of the test may be challenged.

In conclusion, there are several defenses to breath tests in DUI cases. These defenses include challenging the administration of the test, citing medical conditions that can affect the accuracy of the test, arguing that the individual's blood alcohol level was rising at the time of the test, challenging the accuracy of the testing equipment, or citing inaccuracies by law enforcement. If you have been charged with a DUI based on a breath test, it is important to consult with an experienced DUI attorney who can help you understand your legal rights and build a strong defense.

Related Links:

• DUI breath tests in Kentucky

• DUI breath testing inaccuracies

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