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Failing the Roadside Breath Test

Question: What are Some Potential Defenses for Failing the Roadside Breath Test in Alabama?

Answer: First and foremost, any roadside breath test administered in Alabama is not admissible against you in court; however, police officers will still use the results of these tests to develop what’s called probable cause to arrest you. Potential errors or potential problems with this test are that the devices do not have any type of mouth alcohol or what we call a slope detector, meaning that there are many, many false positives on these devices. Interference, mouth alcohol issues, medical conditions such as GERD or heartburn can all create false positives on this test. As well, for the device to be even remotely accurate, the instructions say that there must be a minimum of a 20-minute deprivation period. Very, very rarely on the roadside does an officer wait 20 minutes before administering this test. Therefore, it does give us very fertile ground to defend the case and challenge the probable cause if the officer relies upon such a flawed device in making his arrest decision.

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Whitney Polson is a no-nonsense attorney who delivered exactly what he said he would on my case...thank you so much sir...I would definitely recommend anyone facing a DUI to retain this man. D.B.
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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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Wow! I never could have hoped for our lawyer to work as fast as he did but Whitney was lightning fast! Very attentive to the details, never left me hanging along the journey-I used online reviews in choosing him and now I want to pass that on-if you need a lawyer (ours was a traffic court case with complications), I HIGHLY recommend this firm! Claire B.