Suppressing a breath test result from use at a trial is a matter of proving to the judge that the test must be thrown out for reasons of law. There are many challenges that can be raised to oppose use of breath test evidence. The test may be inadmissible based upon an illegal arrest, using a machine that has a defect not previously known during testing, using materials not specified in the State protocol for breath testing, using a machine that has lost its State certification, or having the test performed by an operator who is not properly permitted to run breath tests. These are just a handful of the numerous arguments that can be used.

Many legal battles have and are continuing to be fought over the accuracy of breath testing, the reliability of the machines in use, the scientific validity of rules used to “validate” breath test results and even whether a .08 test reading scientifically establishes that the state is entitled to a presumption the Defendant was under the influence.

Refusal of a breath test is used in court to imply that a driver knew he was impaired. Nothing in a DUI case is automatic. If the police do not make a legal stop of your vehicle or they improperly advise you of the implications of refusing a breath test or the field sobriety exercises, the results cannot be introduced into evidence. There are other ways a seasoned lawyer can attack a refusal or prove the test results are not admissible in court. There are no guarantees, but a knowing attorney can make the State do its homework before test results can be used in evidence.

The bottom line is, that no one should plead guilty simply on the basis of a breath test result. You should seek the advice of an attorney who’s had plenty of DUI experience before doing anything in court.