Finding Mistakes in a Breath Test

What happens in a case initially is the discovery phase and that is where we are filing discovery requests or issuing subpoenas if necessary. We are looking for every single thing that we can find out about a case. We want to conduct a full and through and complete investigation so that we can see any possible mistakes that the government has made and if they have made mistakes we want to exploit that to the benefit of our client.

Sometimes in a DUI case a person gives a breath test and they blow into a breathalyzer at the station. Well that breathalyzer spits out a number, but I don't just take that number for granted. I want to know what is behind that number. I want to know whether or not the operator who conducted that breath test is competent and qualified and had the proper certifications. I want to know if that machine was properly calibrated. I want to know whether or not the solution they used to calibrate the machine was properly certified. I want to know if that device was out for service the day before or the day after you blew into it or the week before or the month after. All of those things could affect the integrity of that sample.