There are two types of breath tests that officers use: Preliminary Breath Tests (PBT) and Evidentiary Breath Tests. Generally officers will have a suspect submit to a PBT before they request him or her to perform the field sobriety tests. The PBT is used to detect presence of alcohol rather than the amount of alcohol. Officer’s administer the PBT on site with a portable breathalyzer.
The Evidentiary Breath Test is administered at a police station or other immobile location on a stationary machine – usually an intoxilyzer. The intoxilyzer is also a breath test that determines a person’s Blood Alcohol Concentration (BAC) by assuming a standard blood-to-breath ratio in a closed system. This ratio is widely accepted as accurate, but the human body does not always act as a closed system.
The DUI Defense Attorneys at Intermountain Legal will take the time to examine DUI breath tests. Part of the strategy to get you the best result includes making sure the machines were correctly calibrated and the officer properly administered the test.
A blood test gives a more accurate BAC reading than a breath test. However, blood tests are still subject to legal challenge due to improper blood draw, integrity of the blood draw kit, and the handling of the sample by the police and the laboratory.
The DUI Defense Lawyers at Intermountain Legal will examine all of the evidence regarding your blood test. We will look for errors that the police and lab have made and use any errors to challenge the reliability of the test.