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Why Wouldn’t A Breathalyzer Be Used In My DUI Case?


There are three types of testing for alcohol: blood, breath, and urine. When you sign to get your driver’s license in Illinois and Wisconsin, you sign something called the implied consent law. Having a driver’s license is a privilege and not a right. You have no right to have a driver’s license. That privilege is granted to you by the state. When you sign up for your license, you are agreeing that you will take any tests if a judge later finds that there is probable cause to ask you to take those tests. If you refuse, you have committed a refusal and you are going to get the penalties for those, which are outlined in your implied consent warning. You can take two tests and refuse the third one and it’s still going to count as a refusal because you don’t have the choice of which test you take.

Could A Breathalyzer Test Ever Give A Wrong Reading?

There are two different Breathalyzers. One is a portable Breathalyzer that most officers have in their squad car. These are not certified to be used in court because they are not accurate. The ones at the station are all certified. Their standards are the Illinois Public Health Standards and they have to be certified once a month. There are times when you can keep the results out of court, if the machine wasn’t tested in the time period set out by the Illinois department of Public Health. The problem with that is if you need experts to testify, they are probably going to charge you about $10,000 for their couple of hours of testimony, which puts it out of reach for most people.

Why Would It Say I Refused A Breathalyzer When I Did Take A Breath Test?

A lot of times, people try to beat the machine, meaning they are not blowing a hard enough sample. You’ve got to take a deep breath and blow for three or four consecutive sentences at a pretty high volume of exiting breath. If you give it a little puff, it’s going to read as an insufficient sample. If you say you took the test and the officer says it was an insufficient sample, they will still give you a refusal.

For more information on Use Of Breathalyzer In A DUI Case In Illinois, a free initial consultation is your best next step. Get the information and legal answers you’re seeking by calling (847) 244-4636 today.

Barry Boches, Esq.

Get your questions answered - call me for your free phone consultation (847) 244-4636.

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