If you took a breath test after your DUI arrest, then you need a criminal defense attorney who understands the most effective ways to contest the breath test reading and show problems with the test. The attorneys at Brown, Bradshaw & Moffat, LLP are experienced with fighting breath test cases in Salt Lake City, and the surrounding areas in Utah.
The DUI defense attorneys at Brown, Bradshaw & Moffat, LLP understand the effects of alcohol in the human body, the operational principles of breath testing, legal aspects of chemical testing, DUI case law, and other alcohol-related laws. We know how to uncover mistakes made by the breath test operator and inspector when performing simulated tests on the instruments to test its accuracy and reliability.
For example, medical conditions such as GERD or acid reflex can cause the machine to incorrectly measure alcohol in the mouth instead of only finding the alcohol present in the deep lung air. Other important defenses exist to show that the breath test reading is not accurate or reliable.
Our attorneys are familiar with the rules for maintaining the Intoxilyzer contained in Rule R714–500–6 of the Utah Administrative Code. Any substantial deviation from those rules can lead to the breath test reading being thrown out of the prosecutor's case at trial. In the event the court does not exclude the breath test, our attorneys can point problems that could have caused a falsely elevated reading on the breath test machine.
In many of these cases, the goal is getting the DUI charge reduced to a less serious offense. Being prepared to take the case to trial is the best way to force the prosecutor to reduce the charge and negotiate a more favorable outcome in the case.
*Update: Utah Governor Gary Herbert signed HB 155 into law changing the legal blood alcohol level from 0.08 to 0.05. The Bill will take effect December 30, 2018.
If you were arrested for DUI involving a breath test, then contact an experienced criminal defense attorney at Brown, Bradshaw & Moffat, LLP. During the initial consultation, we can talk with you about your breath test and possible defenses that might apply. We can also explain to you the consequences the breath test will have on your driving privileges and court case.
Let us put our experience to work for you. Call (801) 532-5297 today to discuss your case.
Utah DUI Breath Test Information Center
Back to top
In breath test cases, it is the intent of the Utah Legislature to relieve the State of Utah and other governmental entities of the financial burden of calling as a witness in every DUI case of all of the public officers responsible for testing the accuracy of the Intoxilizer equipment.
To avoid that burden in breath test cases, the prosecutor will seek to admit affidavits regarding the maintenance of a specific Intoxilizer as evidence of the proper functioning and accuracy of that Intoxilizer machine.
The defense will argue that the breath test results should not be admitted because of problems with one of the following:
At trial, the prosecutor will seek a presumption that the test results are valid and a finding that further foundation for the introduction of evidence is unnecessary. Admitting evidence of a chemical analysis of the Defendant's breath, the Court does not determine the accuracy of the test or analysis. Such is a question of fact for the jury alone to determine.
Back to top
Both the Breathalyzers and Intoxilyzers are used to test breath alcohol concentration. Although breath alcohol and blood alcohol are both measured in grams, blood tests and breath tests gauge the amount of alcohol contained in different volumes so that the two tests produce similar results:
"Alcohol concentration in the blood shall be based upon grams of alcohol per 100 milliliters of blood, and alcohol concentration in the breath shall be based upon grams of alcohol per 210 liters of breath." Utah Code § 41–6a–502(2).
Back to top
The rules for the instrument's certification are contained in Rule R714-500-6 of the Utah Administrative Code. Under Section D the instrument must undergo regular instrument certification checks which require:
Under R714-500-6(D)(3), for known reference sample checks set forth in R714-500-6-D-2-g, the instrument shall analyze a reference sample, such as headspace gas from a mixture of water and a known weight or volume of ethanol held at a constant temperature or a compressed inert gas and alcohol mixture from a pressurized cylinder.
The administrative rules provide that the "result of the analysis shall agree with the reference sample's predicted value, within parameters of the calibration set at plus or minus 5% or 0.005, whichever is greater, or such limits as set by the Department."
For example, if a known reference sample has a value of 0.100, the parameters of calibration set at plus or minus 5% would equal 0.005 (0.100 x 5 % = 0.005). Acceptable parameters of calibration using a known 0.100 reference sample would, therefore, range from 0.095 to 0.105.
Back to top
Under Section 41-6a-505, the DUI can be subject to enhanced penalties if it is proven that the BAC was at .16 or higher. If so, the court is required to order:
Back to top
The goal in many DUI breath test cases in Salt Lake City, UT, is showing that the breathalyzer test results should be suppressed or excluded from the trial. Before presenting evidence of breathalyzer results, the prosecutor with the State of Utah must prove the following:
Back to top
Throughout its history, the breath alcohol testing program in Utah has used several different versions of the Intozilyzer manufactured by CMI, Inc., including:
Back to top
Utah Administrative Code for DUI Breath Testing on the Intoxilyzer - Visit the Utah Department of Administrative Services, Office of Administrative Rules to find R714 for Public Safety, Highway Patrol and Rule R714-500 for Chemical Analysis Standards and Training, which became effective on August 1, 2016.
Office of Administrative Rules
PO Box 141007
Salt Lake City, UT 84114-1007
Back to top
If you were arrested for a DUI after submitting to a breath test, then contact an experienced drunk driving defense attorney at Brown, Bradshaw & Moffat, LLP. Our attorneys are experienced in fighting to exclude evidence of the breath test because of problems with the maintenance and calibration of the instrument. If the breath test results are admitted at trial, we can show reasons why the reading might not be accurate or reliable in a particular case.
Whether your breath test reading was more than .08 or higher than .16, we can help you understand important defenses that might be available in your case. Contact us for more information about how we fight breath test DUI cases in Salt Lake City, Utah.
Call (801) 532-5297 today to discuss your case.
Use the form above to request your free, confidential case evaluation. Our office will contact you as soon as possible to arrange for you to discuss the facts of your case with an experienced criminal defense attorney in Salt Lake City, Utah.
Note: By submitting the above form, you are requesting a free and confidential consultation with one of our attorneys to discuss the specific facts of your case. We will evaluate your unique situation and provide you with valuable information about how an attorney may be able to help you. Please do not provide any confidential or time-sensitive information using this online contact form. If your situation is urgent, please call us at (801) 532-5297. We look forward to hearing from you.
The use of this form for communication with our personnel does not establish an attorney-client relationship.
Mark has represented our son for over ten years. We have a difficult situation but we have never doubted that Mark, and now, Mike, care about him and our family. Their caring advice has been a lifeline for us.
Mike Holje was there for me and helped me get the charges dismissed. He was fantastic. I am so thankful for this firm.
Jim Bradshaw worked with me on a case and was helpful, realistic and very professional. I found him to be one of the best attorneys (and person) I have encountered.
I used Brown, Bradshaw & Moffat and would recommend them to anyone. Everyone in his or her office is kind, efficient and very responsive. You are treated respectfully and on an equal playing field.