Legal Question in DUI Law in Virginia

Breathalizer faults?

Do breathalizers have anything that can make them not accurate? For instance having something in the mouth upon testing, gum, snuff, ect.; would this possibly effect results? If so were could i find documentation of such proof?


Asked on 6/10/04, 2:15 am

3 Answers from Attorneys

Tommy Smith Law Offices of Tom C. Smith

Re: Breathalizer faults?

Breath tests can be dramatically effected by the presence of other objects in your mouth. Meet with an attorney to discuss the case immediately.

Tommy Smith, III

1600 Virginia Beach Blvd.

Virginia Beach, Va

757-428-3481

www.tomcsmith.com

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Answered on 6/10/04, 9:24 am
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Breathalizer faults?

Yes, breathalizers can be affected by substances in the mouth of the "testee", which is why the officer conducting the test is careful to ascertain that there are no such substances in the subject's mouth before beginning the test.

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Answered on 6/10/04, 10:14 am
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Breathalizer faults?

There are lots of ways to attack breathalyzer results. Good lawyers know them.

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Answered on 6/10/04, 10:27 am


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