Does Breath Test Failure Mean You’re Guilty of DUI?

The short answer is: not necessarily. If you were stopped and the police officer gave you a test, you were almost certainly facing arrest regardless of the breath test result. Failure only means that the police now have some evidence that you were intoxicated. But how reliable is that evidence?

DUI breath tests are notoriously unreliable. Failure to properly calibrate the machine or provide proper training for officers can result in wildly inaccurate results. And yet, many of my clients thought that because a field breath test said they were drunk, there’s no reason to fight the DUI charge.

If you failed a DUI breath test or refused to take a breath test, there is hope. I will fight for you. Contact my office in Overland Park, Kansas today.

Don’t Give Up Without a Fight. Call (913) 897-0897 for a Free Consultation

As a former prosecutor and defense attorney, I have over 15 years of criminal trial experience and have built a successful record of helping men, women and juvenile clients beat drunk driving charges, including:

• First offense DUI
• Felony DUI
• Underage drinking and driving

The admissibility and accuracy of breath test evidence is crucial in an assertive defense. Failure of breath, blood or field sobriety tests does not make your case a slam dunk for the prosecution. Technical errors and procedural mistakes can render these results inadmissible. Without evidence, the entire case can be dismissed.

Experienced DUI Breath Test Defense Lawyer • Se Habla Español

Call my office near the Johnson County Courthouse at (913) 897-0897 or contact me by e-mail to schedule a free consultation. After-hours and out-of-office appointments are available, and credit cards and PayPal are accepted.