Challenging Breath Test Accuracy

Summary

In Idaho, an excessive DUI is defined by a BAC of 0.20 or higher. Breath test accuracy can be challenged based on device certification, officer training, and testing procedures. The .020 window refers to the acceptable margin of error between two test results. If the second test is within .020 of the first, it is considered accurate. Consider consulting a DUI attorney for personalized legal advice.

Full Conversation

charged with excessive dui asking for legal advice on the breath test results
Hello Mariah,
Thank you for reaching out. In Idaho, an "excessive DUI" is defined by having a blood alcohol concentration (BAC) of *.* or higher. Here are some key points:
- The accuracy of breath test results can be challenged based on the testing procedure, calibration of the device, or the officer's training.
- You may request to see the maintenance records of the breathalyzer used.
- An attorney can help you navigate these defenses.
Would you like more information on finding a DUI attorney in Idaho?
what is the law to determine a breath test accurate
Hello Mariah,
In Idaho, the accuracy of a breath test can be determined by the following:
- The breathalyzer device must be certified and regularly calibrated.
- The test must be administered by a certified officer.
- Proper testing procedures must be followed, including a *-minute observation period before the test.
Would you like more details on these procedures?
yes
Hello Mariah,
Here are more details on the procedures to determine the accuracy of a breath test in Idaho:
- **Certification and Calibration**: The breathalyzer device must be certified and regularly calibrated to ensure it provides accurate readings.
- **Certified Officer**: The test must be administered by an officer who is certified and trained to use the device.
- **Observation Period**: There must be a *-minute observation period before the test to ensure that you haven't consumed alcohol, vomited, or put anything in your mouth.
Would you like information on how to request these records or any other assistance?
how do they determine accurate reading
Hello Mariah,
To determine an accurate breath test reading in Idaho, the following steps are essential:
- **Certification of Device**: The breathalyzer must be certified and regularly calibrated.
- **Certified Officer**: The officer administering the test must be certified.
- **Observation Period**: A *-minute observation period must be observed before the test.
Would you like information on how to request these records or any other assistance?
.* window
Hello Mariah,
It seems like you have a question about the ".* window" related to breath test accuracy. In Idaho, the ".* window" refers to the acceptable margin of error for breath test results. If the second test result is within .* of the first, it is considered accurate.
Would you like more information on challenging breath test results?