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Kansas City Breath Tests

Reviewing Breath & Blood Test Accuracy

The majority of drunk driving cases are based on breath test results over .08. A properly administered breath test performed on the Intoxilyzer 5000, Intoxilyzer 8000, Intoximeter or Datamaster machine is generally admissible and an accurate measurement of the amount of alcohol in a person's bloodstream. A reading of .08 or above creates a legal presumption that you were intoxicated.

If the machine has not been properly calibrated, or has not been properly maintained, or if the police officer does not follow certain procedures while preparing for or administering the test, the result may be inadmissible.

Attorney Steve Schanker has successfully challenged breath test results for his clients. Call now for a free consultation. Breath tests are commonly used as the main basis for a DUI charge and blood tests can also be used for this purpose, especially with a DUI involving drugs. Without a Kansas City DUI attorney to investigate these aspects of your case, the results of these tests can be submitted as evidence against you and all but guarantee a conviction. This lays you open to a massive potential injustice, as these tests do not always give accurate readings. An attorney familiar with the science of these tests, their correct administrative and technical procedures and how these can be in error can make all the difference to the outcome of your case.

Breath tests may be administered incorrectly and the training of the police officer concerned should thus always be reviewed. The device used may have calibration problems or be otherwise unsound, in which case the results will not be reliable.

Need a lawyer for a DUI in Kansas City?

If your test results are found to be unreliable, they may not be admitted as evidence. This may well result in dropped charges if the prosecution feels there is insufficient evidence with which to achieve a conviction. If your case does proceed, the validity of your tests may still be questioned by Attorney Steve Schanker to enter reasonable doubt of guilt into the proceedings, in which case the jury must acquit you. Even if you have refused to take submit to these tests, which is a violation of the implied consent of accepting your license, there may be aspects of your case he can use to achieve a positive outcome.

Contact a Kansas City DUI lawyer, who can review your breath and blood tests in preparing your DUI defense.

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