Fight Breath Test

How can I Fight Breath Test Evidence?

The results of a breath test will typically be a key part of the evidence against a driver who is charged with DUI (driving under the influence). After making an arrest for suspected drunk driving, law enforcement will ask a driver to submit to a breath test or blood test. This chemical test is administered to determine the driver's blood alcohol concentration. If it is found to be .08% or greater (or .04% or greater for a commercial driver), the driver will most likely face criminal charges for DUI and statutory summary suspension by the Secretary of State.

Failing or refusing a breath test may have serious consequences, but there are ways for an attorney to challenge an alleged refusal or a "failed" breath test. With our experience in this field and our training in DUI defense, the Chicago DUI attorneys from law firm can effectively challenge breath test results for our clients.

Penalties for Failing a Breath Test

A driver who fails a breath test (takes a test that shows a result of .08% or greater) may face the following penalties:

  • First breath test failure - 6-month suspension of driving privileges.
  • Second or subsequent breath test failure within 5 years - 1-year suspension of driving privileges.

A driver will also most likely face DUI charges in criminal court, based upon the evidence of the failed test and any other evidence, such as the arresting officer's testimony about poor performance on field sobriety tests or other observations that are considered to indicate intoxication.

Challenging the Breath Test

Fortunately, our attorneys understand the ins and outs of breath testing in relation to all DUI charges. We know how a breath test should be administered and also have a complete understanding of how these devices should be calibrated and maintained in order to ensure they are up to state standards. We may be able to challenge a breath test based upon even a small mistake made by a law enforcement officer or a single violation of your rights. Every detail can make all the difference in the outcome of a drunk driving case.

Where do we appear in court?

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Our Des Plaines location is strategically located minutes from I-294, Edens expressway and I-355. We regularly appear for Illinois Criminal defense, DUI defense and Traffic violations throughout Cook, Lake and DuPage county courts, including all of Chicago, Skokie, Rolling Meadows, Bridgeview, Markham, Maywood, Waukegan, Wheaton and more.

The information on this website is general information only. Nothing on this site should be taken as legal advice for any individual case or situation. Receipt or viewing of this information is not intended to, and does not, create an attorney-client relationship. Fagan, Fagan & Davis is a partnership of professional corporations, including Joseph M. Fagan, PC, Alan T. Davis, PC, Jeffrey A. Fagan, PC, and Steven H. Fagan, PC.

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