Challenging Breathalyzer Results in Will County DUI Cases: Effective Defenses in 2025
Facing a DUI charge in Will County can be daunting, especially when breathalyzer results form the core of the prosecution's evidence. As an experienced Will County DUI lawyer and former prosecutor with over 20 years in criminal law, I've successfully challenged breathalyzer evidence in numerous cases, leading to reduced charges or outright dismissals. At the Law Office of Jack L. Zaremba, we specialize in scrutinizing every aspect of DUI arrests to protect your rights and driving privileges. In this blog post, we'll explore how breathalyzers work in Illinois, common flaws in their use, and proven defense strategies to contest results in 2025. Understanding these can make a significant difference in your case outcome.
How Breathalyzers Work in Illinois DUI Stops
In Illinois, law enforcement uses breathalyzer devices like the Intoximeter EC/IR II to measure blood alcohol concentration (BAC) during DUI investigations. Under 625 ILCS 5/11-501, a BAC of .08 or higher presumptively indicates impairment for drivers over 21. These machines estimate BAC by analyzing alcohol in your breath, but they're not infallible. Factors like calibration, operator training, and environmental conditions must align perfectly for accurate readings.
In Will County, breath tests are often administered at the station after arrest, but roadside preliminary breath tests (PBTs) can influence probable cause. In 2025, with ongoing updates to testing protocols, officers must follow strict guidelines from the Illinois State Police, including 20-minute observation periods to prevent mouth alcohol interference.
Common Flaws and Errors in Breathalyzer Testing
Breathalyzer results can be challenged on multiple grounds, as even minor errors can invalidate evidence. Some frequent issues include:
- Improper Calibration and Maintenance: Devices must be calibrated every 62 days per Illinois Administrative Code. If records show lapses, results may be suppressed.
- Operator Error: Untrained or uncertified officers might mishandle the test, such as failing to change mouthpieces or ignoring medical conditions like GERD that affect readings.
- Interference Factors: Substances like mouthwash, asthma inhalers, or keto diets can produce false positives. Radio frequency interference from police radios can also skew results.
- Rising BAC Defense: If tested soon after drinking, your BAC might still be rising, meaning it was below .08 at the time of driving.
- Medical or Physiological Issues: Conditions like diabetes or fever can mimic alcohol impairment and inflate readings.
In my practice, we've used expert witnesses to highlight these flaws, often leading to evidence exclusion under motions to suppress.
Effective Defense Strategies Against Breathalyzer Evidence
A skilled DUI attorney can employ several strategies to challenge breathalyzer results:
- File a Motion to Suppress: Argue the stop lacked reasonable suspicion or the arrest probable cause, rendering the test inadmissible.
- Request Discovery: Obtain maintenance logs, officer certifications, and raw data to uncover discrepancies.
- Independent Testing: Compare results with independent blood tests or hire toxicologists to recalculate BAC.
- Cross-Examine Witnesses: Question officers on procedure adherence during trial.
- Negotiate Pleas: Use evidentiary weaknesses to reduce DUI to reckless driving or wet reckless.
In 2025, with evolving case law like People v. Eubanks emphasizing proper administration, these defenses remain potent in Will County courts.
The Importance of Legal Representation in DUI Cases
Don't face breathalyzer evidence alone—prosecutors rely heavily on it, but an experienced lawyer can turn the tide. At Will County DUI Lawyers, we offer aggressive defense, leveraging my insider knowledge as a former Will County prosecutor to dismantle weak evidence and safeguard your license.
If you're dealing with a DUI in Joliet or surrounding areas, contact the Law Office of Jack L. Zaremba today for a free consultation. Visit our contact page or call our office to discuss your case and explore your options. Regain control and protect your future.
Illinois State Police breath testing info (e.g., https://isp.illinois.gov/) for general reference.
