The following is a list of items for 2010 that can affect both the accuracy of the breath alcohol results as well as whether the result is admissible into evidence.   We also have a Kentucky blood alcohol calculator below however aggravating factors may increase your penalty level.  

• How long before taking the breath test were you arrested

• What did you eat and what medications did you take that day and when did you eat or take the medications compared to when was the breath test taken.

• Did you have anything in your mouth at the time of the breath test such as dental work?

• Did the officer observe you for a period of 20 minutes prior to taking the breath test?

• Did the officer fail to tell you to not "burp" and to “keep blowing” during the breath test?

• Did the police officer have a radio on during the breath test this can effect the internal rfi antenna on the machine.

• Did the person conducting the blood test use alcohol to draw the blood or were they properly trained to draw for a BAC test.

• Was the initial stop by the officer unlawful?

• Do you have diabetes or are you on the Adkins diet

• Was the breath test properly performed or arrest by the officer proper?

• Was the machine properly calibrated if so how often is it done?

• Were you working with solvents such as toulene or or acetaldehyde or were you absorbing alcohol or eliminating alcohol at the time of the stop?

• Did you finish drinking just prior to being pulled over or after you drove?

• Is your body’s temperature high from a fever?  This can cause a high result.

Dont take chances with your career and your life! The Kentucky DUI Penalties are too great to ignore. You need to speak to a Kentucky DUI defense lawyer who has built a career on prosecuting and defending Kentucky DUIs.

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