ABA Family Legal Guide

Automobiles

Your Automobile and the Police

Drunk Driving

If the breath-testing device hits 0.10, am I in serious trouble?

Probably, but a lawyer may be able to show that the machine's operator received inadequate training, the operator's certification had lapsed, or the operator did not maintain the machine well. Other factors may also affect the breath-testing device's reading and may be established through an expert witness. Diabetics, for example, have high levels of ketone (a naturally occurring chemical), which could yield false results when they are tested. In most cases, however, the result of a breath test will be allowed into evidence.