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DUI Breath Test Machine Errors

Question: Can the Way a Person Blows Into a Breath Test Machine Impact the DUI Results in Alabama?

Answer: In Alabama, the breath test machine that the police use is called the Draeger Alcotest 7110. It is a machine. It does what it is told by its software. For the machine to accept the breath sample, the client must provide at least 1.3 liters of air for a minimum blow time of four seconds. If these amounts are not met, the machine will not produce a result. Therefore, if a person does not blow hard enough or long enough, the machine will not produce a result, thereby setting up the potential for the officer to state that the person refused. However, even though the machine won’t produce a result at the station, the Draeger Alcotest 7110 does capture all of the different data points of the test and stores them at a mainframe computer at the Department of Forensic Sciences. We then have the ability under what’s called a Data Pack request to get a copy of that information to show that the person was actually attempting to take the roadside test. Sometimes we can even produce a blood alcohol content BAC number or result and show that it was not a DUI refusal.

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If you are looking for an attorney I must recommend Mark Polson of Polson & Polson. My case was successfully moved from a February to a December court date and was dismissed. I am extremely please with the way this firm handled the case and was able to secure the dismissal. Thank you again to Polson & Polson for your professionalism and knowledge that we needed for this situation. Best Regards to all. Julie C.
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