DUI Breath Tests-Not All Samples Are Created Equal

J. Mark Edwards, Attorney at Law

DUI Breath Tests-Did They Do It Right?

Most of my Utah DUI clients have their breath tested to get the level of alcohol in their bodies.  These tests are performed by law enforcement officers at police stations.  What my clients don't know, until I tell them, is that Utah DUI Law is very clear about the procedures that are to be followed as the breath tests are administered.

Before Officers can test your breath in Utah DUI cases, they have several steps to follow.  First they need to check you mouth for any foreign objects, like cigarettes, toothpicks, chunks of vomit, chewing tobacco, etc.  Once the mouth is cleared, the officer needs to observe you for 15 uninterrupted minutes.  They are to make sure you don't burp or regurgitate during that time.  Once they have done that, they can have you blow in the breath testing instrument.

If this procedural framework is violated, the results of the test MAY be called into question.  The best way to know what kind of outcome the violation of this rule can lead to is to hire an experienced Utah DUI Attorney.

I have obtained several favorable outcomes for my clients because of how well I know this rule.  It can save your drivers license from being suspended, or even get your case dismissed.  The best way to know, call me today.


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