Personal breathalyzers
I know that results from personal or consumer grade breathalyzers may not be used as evidence by prosecutors of DUI cases. Can these results be used as exculpatory evidence by the defense?
Asked on 3/07/09, 12:20 am
1 Answer from Attorneys
Michael Hendrickson
Law Office Michael E. Hendrickson
Re: Personal breathalyzers
In a full-fledged trial of the DUI case, where there is reason to doubt the BAC test results reported on the official state certificate of analysis, it's possible (in my opinion) that a court might permit the results from the defendant's personal breathalyzer to be admitted in the defendant's case in chief.(The weight, however, to be given to this evidence by the judge would depend upon a variety of factors, and it could be marginal at best.)
Answered on 3/07/09, 10:00 am
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