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Failed Breathalyzer Test

Did you fail a breathalyzer test in Chicago? Contact our experienced criminal defense attorney's 24/7 for a FREE consultation. We protect your rights!

Chicago DUI Lawyer

In the field there are several methods to test sobriety. Police use breathalyzer machines to assist in determining what a person’s breath alcohol level is in cases where there is suspicion that it might exceed the legal limit. The breathalyzer machines themselves are portable and the test can be performed in a non-invasive manner. If a person has been administered a breathalyzer test and fails and is subsequently arrested for DUI, it is time to contact a Chicago DUI defense attorney.

Taking an actual blood sample to measure alcohol concentration at a later time in the laboratory is not practical for the field but a breathalyzer test can be performed very quickly once the person has been pulled over to the side of the road and stopped. When a person consumes alcohol some of it transfers through the membranes of the air sacs into the air in the lungs rather than being digested. Simply put, the alcohol vapor in the lung’s air sacs is related to the amount of alcohol in the blood itself. There is a specific conversion ratio that can be used. As the air is exhaled from these sacs into the breathalyzer, a device that detects breath alcohol, it can measure the level of alcohol in the breath and it is indicated on the device for the police officer to take note of.

In previous years the established legal limit of blood alcohol concentration was .10 but that has changed and many states have altered their laws to reflect the .08 limit as in Illinois. A level of .08 translates to mean that there are .08 grams of alcohol per 100 ml of blood. It is important to note that not everyone responds to alcohol in the same way and many people become quite seriously impaired at a lower level. Much depends on the person’s weight, health and various other factors. One should always know and acknowledge one’s own limits.

Fail a breathalyzer test in the Chicago area?

The breathalyzer produces a color change using a two vial system containing a mixture that creates a chemical reaction when a person blows air through a mouthpiece tube into the air sample chamber. The device measures the amount of alcohol in a person’s breath rather than the exact amount of alcohol concentration in the blood. The only way to do the latter is by taking an actual sample of blood and having it analyzed in a lab. The BAC (blood alcohol concentration) is measured indirectly by the breathalyzer. BAC (breath alcohol content) readings can be used in criminal prosecutions as evidence.

If you have been charged with DUI and the results of a breathalyzer reading have been presented as cause for the arrest and subsequent charge, protect your personal legal rights by contacting a Chicago criminal lawyer that has a through familiarity with the circumstances and law relating to your situation, and how breathalyzer testing can be flawed if the device is improperly calibrated or has not been maintained per the required schedule, or the test was wrongly administered. The tough legal team at the Law Offices of Michael P. Schmiege encompasses a strong record of successfully defending clients charged with DUI. Your future is at stake so don’t delay any longer. Skilled and determined legal representation fighting aggressively for you is your right.

Contact a Chicago DUI attorney from the Law Offices of Michael P. Schmiege for a strong defense of your DUI case in the Chicago, Cicero, Berwyn or Evanston area.

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Never over-promises, but definitely delivered more than we had hoped for.

"Michael Schmiege is an excellent attorney. He is honest, diligent and gets great results. If you find yourself in need of a lawyer, he is great at what he does. Never over-promises, but definitely delivered more than we had hoped for. His team will help you all the way. Answers all your questions promptly and clearly states what to expect. I highly recommend Michael and his team. They CAN and will help!"

C. Underwood
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Michael Schmiege represented me on my Theft charge and I was found not guilty!

"Mr. Schmiege is well respected by the court because he is a very honest man. He was very kind and respectful to me. His fees were reasonable. His office is very easy to find, and his staff is very helpful."

A.F.
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He understood that I made a mistake but it didn’t define who I was...

"I am so appreciative of the help and support that I received from Michael and his team members! They truly helped me figure out my case and I got outstanding results. If anyone can help you get great results, it’s Michael. I had an immigration issue as well and he worked with my immigration lawyer to help find the best solution. He understood that I made a mistake but it didn’t define who I was. I definitely don’t want to go through any of this again but I’m glad that I had the support to get through this."

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