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Albuquerque NM DUI Breath Alcohol Test

Reader’s Question:

My son was arrested for DUI in Albuquerque, New Mexico and he failed the breath tests that were given to him. We feel that these tests are inaccurate in getting blood alcohol content. But, how can we really challenge the breath test?

Harold

Albuquerque, NM

There are a lot of ways to get a breath test thrown out or to demonstrate that there is a reasonable doubt about an alleged breath test result and you cause this as a defense on your son’s DUI case in Albuquerque, New Mexico. One way of beating the breath test is if the required observation period was not followed by the police officer. New Mexico breath tests mandates that the police officer “keeps the subject in (his) immediate presence and deprives the subject of alcohol for 20 minutes preceding the breath test.” In general, the police officer must observe the person suspected for DUI for a period of 20 minutes before administering the breath test. This is to make sure he or she does not drink, eat, belch, burp, chew gum, regurgitate, etc.

Another challenge that can be placed against a breath test is the failure to properly give implied consent advisories. Prior to every breath test, the individual to be tested must be given oral and written notice of the Implied Consent Advisories. This is a list of information concerning the ramifications of failing or refusing a breath test. If the police officer fails to give oral and written notice, or if he does not read them in substantial compliance with the written version, the breath test is not admissible.

Tags: drunk driving laws, DUI, DUI advice, DUI lawyer