Selected To Super Lawyers: 2009 - 2012, 2014 - 2016
ATTORNEY: If you have taken the breath test and you have registered a 0.08 or higher, all is not lost. We win a very high percentage of our breath test cases. And that happens for a number of reasons.
First, oftentimes the machine is not calibrated properly. Secondly, you may have a medical condition that would affect the result of the tests and dramatically increase the result. Lastly, oftentimes the police do not bring the correct paperwork to court or the correct witness to court to be able to get the tests into evidence.
On another front, in order for the test to be valid, they have to observe you for 15 minutes to make sure you don't belch or burp or put anything in your mouth. The breath test operator is the one who must observe you for that period of time. And oftentimes they don't observe you for that period of time, and the breath test is thrown out of evidence. And that dramatically increases your chances of winning.