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Kentucky's DUI DWI  Breath Tests Lawyer Defenses to the Breath Test

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Nick C. Thompson

105 Daventry

Suite 200

Louisville, Kentucky

40223

(502)429-0057

Kentucky DUI DWI Breath Test Kentucky DUI DWI Breath Test

Kentucky DUI DWI Breath Test

The following is a list of items for 2007 that can affect both the accuracy of the breath alcohol results as well as whether the result is admissible into evidence.   We also have a Kentucky blood alcohol calculator below however aggravating factors may increase your penalty level.  

  • How long before taking the breath test were you arrested

  • What did you eat and what medications did you take that day and when did you eat or take the medications compared to when was the breath test taken.

  • Did you have anything in your mouth at the time of the breath test such as dental work?

  • Did the officer observe you for a period of 20 minutes prior to taking the breath test?

  • Did the officer fail to tell you to not "burp" and to “keep blowing” during the breath test?

  • Did the police officer have a radio on during the breath test this can effect the internal rfi antenna on the machine.

  • Did the person conducting the blood test use alcohol to draw the blood or were they properly trained to draw for a BAC test.

  • Was the initial stop by the officer unlawful?

  • Do you have diabetes or are you on the Adkins diet

  • Was the breath test properly performed or arrest by the officer proper?

  • Was the machine properly calibrated if so how often is it done?

  • Were you working with solvents such as toulene or or acetaldehyde or were you absorbing alcohol or eliminating alcohol at the time of the stop?

  • Did you finish drinking just prior to being pulled over or after you drove?

  • Is your body’s temperature high from a fever?  This can cause a high result.

Dont take chances with your career and your life! The Kentucky DUI Penalties are too great to ignore. You need to speak to a Kentucky DUI defense lawyer who has built a career on prosecuting and defending Kentucky DUIs.

 

Weight (pounds)

Drinks Consumed
(12 ounces beer or equivalent)

Over Time Period (hours)

Gender


B.A.C.:

 

Blood-Alcohol Content Calculator

Breathalyzers and other Breath tests do not use your weight, gender, alcohol consumed, and time to calculate your blood alcohol levels.  They calculate it directly from your breath which may or may not be accurate.   The law requires that your blood alcohol level is above a certain level.  However to determine that level the blood alcohol level is used.  This calculator is only a rule of thumb to estimate the level of a person at that time. 

This basic formula from The National Highway Traffic Safety Administration assumes a volume of .54 ounces of alcohol (one shot of distilled spirits, a glass of wine, or 12 ounces of beer).  Assumed in the calculation is that your Alcohol Metabolism Rate is : 7.0 grams/hour (male and female) & constant with time that temperatures are standard and the gastric ingestion is a standard rate.  Tolerance, fitness level, exercise level, weight, gender, food consumption, alcohol consumption and age will determine how quickly you can get rid of the alcohol you consumed. 

 

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Need to get your license back after an uncovered insurance accident.   You can get it back after filing bankruptcy if you lost it due to no insurance coverage. 

Kentucky DUI DWI Breath Test Kentucky DUI DWI Breath Test

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