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Is There Any Way to Suppress a DUI Breath Test?

There are many ways that a breath test / breathalyzer may be suppressed. In Northern Kentucky, the Judges are accustomed to having to make suppression decisions in many different types of cases as well as for many reasons. If you were arrested for DUI and given a breath alcohol test, you should see if the test was valid and if it is admissible in court. In consulting with an attorney, it is wise to discuss various ideas for suppression of the breathalyzer. The first basis should be, "Did the officer have probable cause to stop your vehicle?" If the officer cannot state a reasonable articulable suspicion for stopping the vehicle, the Court should suppress the stop and anything that comes after the stop. This includes any field sobriety tests and any breath test. Generally any traffic violation or an accident is probable cause to investigate. If there was probable cause, there are a number of requirements that an officer must establish. The officer must witness you for 20 minutes; this is referred to as the observation period. The purpose of the observation is to assure that no foreign objects are placed within your mouth. If you chew gum throughout, or place a Listerine strip, the test results can be invalid. By the way, Listerine strips are mostly alcohol. The officer must also give you the opportunity to contact a lawyer. While this may be difficult, especially if you were arrested at 2:00 a.m., the opportunity must be granted. Additionally, the breathalyzer machine should be working properly and assured regular maintenance. Northern Kentucky generally does a good job at regular maintenance, but it should be checked. These are only a few of the more regular basis for suppression. Breathalyzer results have been suppressed due to blood in the defendant's mouth, cellular phone interference, refusal to allow a second test/blood test at the request of defendant, and many other basis. If you have been arrested for DUI, you should consult with an attorney to make sure your rights are upheld. If you need a consultation in Northern Kentucky, contact Mike Bouldin at mike@bouldinlawfirm.com or call 859-581-6453 (MIKE).

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