Toxicology Issues

Drunk Driving Defense Lawyers Challenging Breath Test Results in DUI or DWI Cases

DUI lawyer for toxicology issues throughout Alabama

At Boles Holmes White we are focused on defending clients charged with driving while under the influence (DUI) in Birmingham and throughout the state of Alabama. We have a great deal of experience and technical familiarity with the Draegar Alcotest 7110 breath analysis device. This device is used by Alabama law enforcement agencies, among others, to conduct breath tests when a driver is pulled over for suspicion of DUI.  As one of the only offices with a lawyer who has been certified on the Draegar Alcotest 7110, our Dothan DUI office can provide unique insight into the breath test and the technology behind it.

This experience helps our trial lawyers make effective presentations at jury trials whenever defects in the operation or maintenance of the Draeger raise questions as to your correct blood alcohol concentration (BAC).  Contact us today at 334-366-6086 to schedule an appointment with one of our three DUI defense offices.

Breathalyzer and other devices for determining BAC are not always accurate.

Blood alcohol content (BAC) refers to how much alcohol is in your system when you are pulled over on suspicion of drunk driving. A BAC of .08 or greater will usually support a conviction on most DUI charges in Alabama. For commercial drivers, the level may be no more than .04. For underage drivers, a blood alcohol concentration as low as .02 can lead to conviction.

If your DUI case involves a reading substantially higher than any of these minimum thresholds, a defense based on toxicology probably won’t be as effective as it will when the reading is closer to the minimum. However, if our attorneys can show by cross-examination that the law enforcement officer who conducted your breath test didn’t understand how to do it properly you stand a good chance of ruining the government’s ability to prove its case beyond a reasonable doubt, as they are required to do in criminal cases.

Because we handle all phases of your DUI defense for a single flat fee, we can advise you about your ability to present a strong defense based on mistakes in the breath test.

Lots of things can go wrong with a Draeger breath test or other breathalyzer—operator error, lack of operator certification, even radio interference or diet-related mouth alcohol. To learn whether any of these might strengthen your drunk driving defense, Contact an attorney at Boles Holmes White in our Dothan DUI office.


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