Inadmissible Breath Test Results
No one is obligated to tell you whether a breath test result is legally admissible, and very few testing results are closely examined. The Datamaster is simply a machine that can be inaccurate, even when the police properly administer the test. Two breath test results should be recorded on the OD-80 Datamaster ticket, and the two scores must fall within certain parameters to be legally admissible.
If you are exposed to certain industrial chemicals, paint thinners, suffer from gastroesophageal reflux disease (GERD, also known as acid reflux), or have diabetes, your breath test results may be artificially high.
Many attorneys fail to look further than the Datamaster breath score when developing a defense or, more commonly, deciding whether to accept a plea. This is a critical error. Practical defenses can be developed very simply by reviewing the right documents and the police videos. Breath test results may be inadmissible because of deviations in the Datamaster results, problems with the testing procedure, or medical issues outside your control.
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