What if I was over 0.08 on the breathalyzer?

A number over 0.08 doesn't automatically mean conviction. The burden is on the State to prove the test was conducted properly. We scrutinize every aspect of the testing process and the machine's maintenance history to find grounds for challenge.

Breathalyzer Defense in Cook County

Breathalyzer machines aren't infallible. Calibration errors, operator mistakes, and medical conditions can produce false results. We know how to find the flaws.

Breathalyzer Defense

The Machine Says You're Guilty — We Say Prove It

Prosecutors love breathalyzer evidence. A number over 0.08 seems like an open-and-shut case. But experienced defense attorneys know that breathalyzer results are far from infallible. These machines require precise calibration, certified operators, and strict procedural compliance. When any link in that chain breaks, the results become unreliable — and potentially inadmissible.

Our attorneys are former prosecutors who relied on breathalyzer evidence to secure convictions. We know exactly what the State needs to prove about the testing process, and we know where these cases typically have weaknesses. Now we use that knowledge to challenge breath test results and protect our clients from wrongful conviction.

Every breathalyzer case requires detailed investigation. We obtain calibration records, maintenance logs, and operator certifications. We examine the observation period, the administration of the test, and any medical conditions that might affect results. When we find deviations from required protocols — and we often do — we fight to have the results suppressed or discredited.

Common Challenges

Ways Breathalyzer Results Can Be Wrong

Calibration Errors

Breathalyzers must be calibrated regularly using known reference samples. Over time, machines drift out of calibration. If calibration wasn't performed according to schedule, or if records show inconsistencies, results may be unreliable.

Operator Errors

Officers must be certified to operate breathalyzers and must follow specific procedures. Expired certifications, improper administration, and failure to follow protocols can all invalidate results.

Observation Period Violations

Illinois requires a 20-minute observation period before testing to ensure nothing interferes with results. If the officer didn't properly observe you, or if you burped, vomited, or had anything in your mouth, results can be challenged.

Medical Conditions

GERD (acid reflux) can bring stomach alcohol into the mouth, causing elevated readings. Diabetes can produce ketones that breathalyzers misread as alcohol. Recent dental work can trap residual alcohol. These conditions create false results.

Our Investigation

How We Attack Breathalyzer Evidence

Obtain Complete Records

We subpoena calibration logs, maintenance records, repair histories, and operator certifications. Every piece of documentation that touches the breathalyzer machine is examined for irregularities.

Review Testing Procedures

We analyze dashcam and bodycam footage to verify the observation period was properly conducted. We check timestamps against records. Any procedural deviation weakens the State's case.

Investigate Medical History

We work with clients to identify medical conditions that could affect breathalyzer accuracy. Expert witnesses can explain how these conditions produce false readings, creating reasonable doubt.

Motion to Suppress

When we identify significant procedural violations or reliability concerns, we file motions to suppress the breathalyzer results. If successful, the prosecution loses its key evidence.

FAQ Breathalyzer Defense — Frequently Asked Questions

Can breathalyzer results be wrong?

Yes. Breathalyzers require precise calibration and proper operation to produce accurate results. Calibration drift, operator errors, medical conditions, and environmental factors can all cause inaccurate readings. These machines are not infallible, and their results can be challenged.

How do you challenge breathalyzer evidence?

We examine calibration records, maintenance logs, operator certifications, observation periods, and testing procedures. We also investigate medical conditions like GERD, diabetes, or recent dental work that can affect results. Any deviation from proper protocols can be grounds for suppression or challenge.

What is the 20-minute observation period?

Illinois law requires officers to observe you for 20 minutes before administering a breath test. This ensures you don't burp, vomit, or put anything in your mouth that could affect the reading. Failure to properly observe this period can invalidate the results.

Do medical conditions affect breathalyzer results?

Yes. Conditions like GERD (acid reflux), diabetes (ketoacidosis), and certain diets can produce mouth alcohol or ketones that breathalyzers misread as ethyl alcohol. Even recent dental work can trap alcohol residue and cause falsely elevated readings. We investigate these possibilities.

What if I blew over 0.08?

A number over 0.08 doesn't automatically mean conviction. The burden is on the State to prove the test was conducted properly, the machine was calibrated correctly, and the operator was certified. We scrutinize every aspect of the testing process and the machine's maintenance history to find grounds for challenge.

Related Practice Areas

Learn about challenging field sobriety tests, breathalyzer refusal cases, and the DUI court process.