Breathalyzer Tests

Defense Attorney Against Failed Breathalyzer Test

Just because you failed a Breathalyzer test in Oregon does not mean that the police can convict you of driving under the influence of intoxicants (DUII or DUI). As your defense attorney, I will carefully investigate the Breathalyzer test to look for opportunities to challenge the results.

I am Portland DUI attorney Andy Green. As a former CLS prosecutor for the Multnomah County District Attorney’s Office in Oregon, I know exactly how to evaluate the prosecution’s case and pinpoint issues the prosecution might overlook. For example:

  • Oregon uses the Intoxilyzer 8000 breath test machine (breathalyzer). As your attorney, I can challenge technical issues that are unique to this machine.
  • There are strict statutory requirements police officers must follow when administering a breath test. If the officers failed to follow statutory procedures in your case, test results may be inadmissible in court.
  • The Intoxilyzer 8000 breath test machine may have been miscalibrated at the time your test was administered.
  • Alcohol takes time to absorb into your blood stream. If you had a few drinks shortly before you were stopped, you may have been below the legal limit of .08 at the time of the stop, even if you were over the limit hours later when the test was administered.

If you refuse to take a breath or blood test in Oregon, you face a one-year suspension of your driver’s license. Taking the Breathalyzer test and blowing over the legal limit do not mean an automatic conviction.

I offer a free initial consultation to discuss your case.

You should not rely on information you read about Breathalyzer tests on the Internet, as it may be wrong or not up to date with new laws. It’s always best to discuss your case with an experienced Portland Breathalyzer test defense lawyer. For a free initial consultation, call or send me an email.