Can I Challenge Breathalyzer Test Results?

Many people give up without a fight in drunk driving cases because they don't think they can overcome Breathalyzer test results. However, pleading guilty is one of the biggest mistakes that anyone can make. An experienced defense lawyer can sometimes overcome evidence that appears overwhelming.

At the Law Office of Rob McKinney in Nashville, Tennessee, we recognize how important it is to protect your driver's license and your reputation. We offer a free initial consultation to discuss your options following a DUI arrest.

Call us today at 615-686-2115.

Overcoming Breath Test Results

Even if you had been drinking in the hours before your arrest, that does not mean that you were over the legal limit of .08. Breathalyzer machines make mistakes, and so do the people using them.

With more than 20 years of experience in challenging Breathalyzer test results, Mr. McKinney has the skill and legal knowledge to mount a strong defense. He will investigate every aspect of the breath test and determine if there are any flaws in the prosecution's case. Such flaws may include:

  • Illegal stop — If the police did not have a legal reason to stop you, all evidence gathered after the stop — including the Breathalyzer test — could be suppressed.
  • Breathalyzer error — If the breath test machine was not properly calibrated, the results may be inaccurate.
  • Procedural errors — If police did not follow proper procedures in administering the test, the results can be suppressed.
  • Other factors — Medicine you were taking, presence of acetone and other factors can result in false positives.

Even if the issues we find are not sufficient to suppress Breathalyzer test results, the prosecution may be more willing to negotiate a favorable outcome if we can raise doubt about the accuracy of the results.

Should I refuse a Breathalyzer test? In Tennessee, refusing a Breathalyzer test will result in a one-year driver's license suspension for a first offense and a two-year suspension for a second offense. In addition, refusing does not guarantee that you will not be convicted of drunk driving. For advice about your situation, call us from your cellphone at 615-686-2115.

Free Consultation About Breathalyzer Tests In Tennessee

For more information about challenging Breathalyzer test results, schedule a free initial consultation with Nashville DUI blood tests lawyer Rob McKinney today. Simply call 615-686-2115 or contact us through this website.