Breathalyzers require regular calibration and maintenance (often every 10 days or 150 uses). Missing logs or expired certifications can be grounds to exclude the results.
DUI checkpoints must follow strict guidelines, such as using neutral criteria for stopping vehicles and providing adequate warning. Deviations from these protocols can lead to a case dismissal. dui defense strategies
If a driver is mentally alert and cooperative despite physical symptoms, it may suggest the physical signs were caused by something other than alcohol. 5. Negotiation and Mitigation Deviations from these protocols can lead to a case dismissal
Issues with the "chain of custody"—how the blood was collected, stored, and transported—can cast doubt on its validity. For instance, using an alcohol swab to clean the draw site can contaminate the sample. 4. Alternative Explanations for Impairment Symptoms Negotiation and Mitigation Issues with the "chain of
Residual alcohol in the mouth from burping, vomiting, or using mouthwash can cause falsely high breathalyzer readings. Conditions like acid reflux (GERD) can also cause this phenomenon.