Can Breath Test Results be Challenged in Illinois Court? Combs Waterkotte attorney Joshua Boardman discusses everything you need to know about Illinois DUI criminal charges, including first-time DUI, second DUI, Illinois DUI laws, DUI defense strategies, CDL DUI charges, and more.
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Interview Transcript
Scott Michael Dunn: Can breathalyzer tests be challenged in Illinois?
Joshua Boardman: They certainly can for a number of reasons. One, was there an issue with the device? Was it not calibrated properly? Was there some sort of mechanical issue with it that was documented but still utilized? Was the breathalyzer test by the law enforcement conducted in an unlawful or inappropriate way? That’s a question that goes into our evaluation once we receive the evidence in these types of cases. I mean, is it a technicality? Yes, but we still evaluate it as a potential basis for dismissal or negotiation.
