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Is it possible for DUI tests to be wrong?

Illinois residents like you who are accused of drinking and driving have a lot to lose if you're convicted. For that reason, it's important to understand the situation you're in and the ways you may be able to get out of it. Examining the supposed condemning evidence is a good place to start.

First of all, breathalyzer tests can actually get false positives and be incorrect. ABC News states that breath analyzing tests are very sensitive, which can cause common items to make it seem like you're over the legal limit when you aren't. Anything containing alcohol that gets absorbed into the lining of the mouth can be a trigger. This includes:

  • Breath sprays
  • Mouth wash
  • Cough syrup
  • Cold medicine
  • Medicated lip products

Additionally, the equipment itself can be faulty. Breath analyzing equipment needs to be properly maintained and checked for accuracy. Logs can be examined which will show if the device has been adequately maintained and if the readings are accurate.

Field sobriety tests can also give inaccurate results. Even the standardized tests are based on how an officer interprets your actions and movements. If you have a disability of some sort or a physical ailment or illness, it might be interpreted as you being under the influence even when that isn't the case.

Even if these tests seem fool-proof, they aren't. If you are facing a DUI-related charge and evidence from breath anaylzers or field sobriety tests are being used against you, looking into the validity of this information can be a good place to start.

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Mockaitis Law
123 W Washington Street, Suite 102
Oswego, IL 60543

Phone: 331-642-1515
Fax: 630-427-4947
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Our office is accessible via the store front on Washington Street.