The police stopped you for suspected DUI. While you agreed to take the breathalyzer, you were so nervous that you accidentally bit your tongue. You could even taste the blood in your mouth. The breathalyzer registered over the legal limit, but you knew you didn’t have that much to drink. Is the breath test reliable?
The answer is maybe not.
Before giving you a breathalyzer test, the officer must wait 20 minutes and must check the inside of your mouth for foreign substances before and after that period. Certain substances, such as blood, can lead to an artificially high result.
In People v Ernsting, the court held that the defendant’s breath test was unreliable because of blood in her mouth. The officer had neglected to check her mouth as required. As a result, the court suppressed the breathalyzer and granted the defendant’s petition to rescind the initial suspension of her driver’s license.
If you have been charged with DUI, contact an experienced attorney immediately. An attorney can review your case for its best possible defense. Did police follow correct testing procedures? If not, an attorney may be able to challenge the results of your breath or field sobriety tests. Even if the police acted properly and the evidence against you is overwhelming, an attorney who is respected in the court house may be able to negotiate a more favorable plea agreement than you could on your own.
If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.
(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)
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Illinois Jurisprudence: Criminal Law and Procedure. Vol. 1. (LexisNexis 2014).
Illinois Jurisprudence: Criminal Law and Procedure. Vol. 1. (LexisNexis 2014).