Fight Unfair DUI Breath Test Charges
DUI Breath Test Defenses to Challenge DUI Breath Test Results
Our expert attorneys specialize in challenging DUI breath test results, ensuring your rights are protected and helping you build a strong defense. Contact us for a free consultation today!”
Fight Your DUI Breath Test
Defend Your Rights with Experienced DUI Breath Test Attorneys
If you’ve been charged with DUI in Kentucky, understanding the defenses available for breath test results is critical. DUI breath tests are commonly used to measure blood alcohol content (BAC), but they can be unreliable due to factors such as medical conditions, faulty equipment, or improper administration. Our expert attorneys specialize in identifying issues with breath test results that can make all the difference in your case.
We offer a comprehensive defense strategy to ensure your rights are protected. From challenging the accuracy of the breathalyzer machine to proving procedural errors during testing, our legal team is here to help you navigate the complexities of DUI defense. Contact us today for a free consultation and learn how we can fight for the best possible outcome in your case.
If you’ve been charged with a DUI and believe your breath test results may be flawed, it’s crucial to seek expert legal advice. Contact Josh McIntosh Law today for a consultation. Call (859) 217 4467 or Email josh@joshmcintoshlaw.com.
Our skilled DUI attorneys are ready to review your case and fight to protect your rights.
Fighting
for Your Rights
Improper Administration of the Test
For a breath test to be accurate, it must be administered correctly. If the test wasn’t conducted following the proper procedure, the results can be questioned. This could include issues like failing to monitor the individual for the required time before the test, not calibrating the equipment properly, or using an old mouthpiece.
Medical Conditions
Certain medical conditions can interfere with breath test results. Conditions like GERD (gastroesophageal reflux disease), acid reflux, or heartburn can cause alcohol to be present in the mouth, leading to a higher BAC reading. Additionally, health issues such as diabetes or liver disease can lead to higher acetone levels in the breath, which may result in a false positive.
Rising Blood Alcohol Levels
It takes time for alcohol to be absorbed into the bloodstream, meaning a person’s BAC could be rising at the time of the breath test. If someone drank alcohol just before driving, their BAC might be lower when they were driving but higher when tested. This is known as the “rising blood alcohol” defense and can be used to challenge the accuracy of the test results.
Machine Malfunction or Inaccuracies
Breath testing machines can malfunction or give inaccurate results if they’re not properly maintained or calibrated. Sometimes, the machine may not properly capture deep lung air, which can also lead to incorrect readings.
Errors by Law Enforcement
For breath test results to be used in court, law enforcement officers must follow specific protocols and make correct observations. If the officer failed to observe the individual correctly before administering the test or didn’t follow the proper procedures, the results could be challenged.
Conclusion
There are various defenses to breath tests in DUI cases, including questioning the administration of the test, highlighting medical conditions that affect accuracy, arguing that BAC was rising during the test, pointing out equipment inaccuracies, or exposing law enforcement mistakes. If you’ve been charged with DUI based on a breath test, it’s crucial to consult with an experienced DUI attorney who can help protect your rights and build a strong defense.
Free Consultation and Financing Available
At Josh McIntosh Law, we offer free consultations for any type of case, including DUI charges. If you are concerned about attorney fees, we also provide financing options for criminal and DUI/OVI cases to help with the costs of your legal defense.
Contact Us Today
If you’re facing DUI charges based on inaccurate breathalyzer results, contact us today to schedule a free consultation with one of our experienced attorneys. Let us review your case and help you understand your options.
Phone: (859) 217 4467
Email: josh@joshmcintoshlaw.com
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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.
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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.
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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.
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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.
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“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.
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“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.
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Why Choose Josh McIntosh Law?
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.
Defend Your Rights, Challenge Your Breath Test
Protect Your Rights – Get Expert DUI Defense Today
If you’ve been charged with a DUI in Kentucky, breath tests can be challenged. Errors in test administration, medical conditions, or equipment malfunctions can affect results. Contact us today to discuss your defense options and protect your rights.
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 happens if the breath test is not administered properly?
If the breath test was not conducted according to the required procedures, it can be challenged in court. The results may be deemed inaccurate if the test was not properly administered.
Can medical conditions affect the results of a breath test?
Yes, conditions like acid reflux, GERD, or diabetes can impact breath test results by causing alcohol-like substances in the mouth or breath, leading to inaccurate readings.
What is the "rising blood alcohol" defense?
This defense argues that the breath test was administered too soon after drinking, meaning the blood alcohol level may have been rising during the test, leading to a false result.
Can a breathalyzer machine malfunction?
Yes, breathalyzer machines can malfunction or produce inaccurate results if not properly calibrated, maintained, or if they fail to detect the deep lung air needed for accurate readings.
What should the officer do before administering a breath test?
Law enforcement officers must follow specific protocols, such as observing the individual for a set period before the test. Failure to follow these procedures could lead to an inaccurate test result.
Can a breath test result be used as the only evidence in a DUI case?
While breath test results are a key piece of evidence, they are not infallible. If there are issues with the administration, medical conditions, or equipment, it may be possible to challenge the test results.
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