1425 McHenry Road, Suite 204, Buffalo Grove, IL 60089

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847-239-4703 | 773-383-8745

Lake County Breathalyzer DUI Defense Attorney


Serving Buffalo Grove, Long Grove and Lincolnshire

If you have been arrested for DUI in the State of Illinois, you could face aggressive prosecution and life-altering consequences. During your DUI stop, you may have been asked to take one or more field sobriety tests, as well as asked to blow into a Breathalyzer machine in order to determine your blood alcohol content. If you blew 0.08 percent or above, you would have been considered legally intoxicated and placed under arrest. Even if your BAC was at or above the legal limit, it is important that you know that there are many issues associated with Breathalyzer machines, and it is equally important that you contact an experienced Skokie DUI attorney as soon as possible.

Attorney Matthew R. Gebhardt is extremely familiar with problems associated with Breathalyzer tests. Attorney Gebhardt has been helping clients just like you for over twenty years, and understands that, in some cases, a single burp can be of enough legal significance to invalidate a breath alcohol reading. The design of breathalyzer machines allows them to measure the air deep in your lungs, however a belch, burp or hiccup can falsely inflate the BAC reading. There are other problems associated with the Breathalyzer machine, including:

  • The police officer must watch you for at least fifteen minutes prior to administering the Breathalyzer test; if a burp, belch or hiccup is observed, another fifteen to twenty minute time period must pass in order to ensure the residual alcohol in your mouth has dissipated. (If the arresting officer failed to observe these rules, you should immediately let your DUI attorney know).
  • If you were recently exposed to fumes from lacquer, paint, gasoline or dry cleaning fluids, the results of the Breathalyzer may be inaccurate.
  • The use of asthma inhalers may skewer the Breathalyzer results.
  • In some cases, a low carbohydrate diet can create acetone in your breath, leading to a false reading by the Breathalyzer machine.
  • Breathalyzer machines can malfunction, particularly the older machines, and will measure the alcohol level in your mouth rather than that of your lungs.
  • The outside temperature, type of Breathalyzer machine used, presence of mouth appliances and even the atmospheric pressure can affect the reliability of your breath test.

Breathalyzer test results may comprise the strongest evidence against you however these results can be flawed. The The Law Offices of Matthew R. Gebhardt, P.C. understand the circumstances in which it may be possible to have your Breathalyzer test results suppressed, resulting in a dismissal of your charges.

Skilled Lake County Attorney Challenging the Results of Your Breathalyzer Test

As a former Cook County Prosecutor, Matthew R. Gebhardt has seen DUI charges from both sides. This unique perspective allows him to look at your DUI charges from every potential angle, building a solid defense on your behalf. Depending on the circumstances of your DUI arrest and the circumstances surrounding your Breathalyzer test, Attorney Gebhardt may employ one or more of the following defenses on your behalf:

  • He will question the police regarding their training in the use of the Breathalyzer test as well as whether the machine was properly calibrated.
  • He will question whether the machine has been properly maintained and was in good working order at the time your BAC was measured.
  • He will determine whether the officer who administered your Breathalyzer test followed proper procedures prior to, during and after the test.
  • If you burped during the test or have any other factors which could have affected the results of the Breathalyzer test, Attorney Gebhardt will use these factors to your advantage.

Our Northbrook DUI attorney will do his best to find any instance in which protocol was not properly followed including whether the officer had probable cause to pull you over. Attorney Gebhardt understands your anxiety about your charges and will do his best to answer all your questions and explain the process. If you are facing DUI charges, call a knowledgeable and experienced law firm today. Contact us at 773-383-8745 or 847-239-4703 for a free consultation.

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