Most people (and many lawyers) mistakenly think that a breath test cannot be challenged. The experienced DUI defense attorney knows that this is not true.

Challenging the breath test is often a critical tool in a good defense attorney's arsenal. Challenges to breath tests may fall into several categories: (1) the failure of the police to follow procedures that exist to insure that the test results will be reliable; (2) the failure of the police to take the proper legal steps which entitle them to ask for a breath test, and (3) scientific challenges to the accuracy of the test itself.

Attitude, experience and technical knowledge count when challenging breath test results. Fox Bowman Duarte attorneys have led the challenge to the admissibility of breath test results, from trial court challenges to precedent setting cases in the Supreme Court.

The firm's partners are the only attorneys in the state to have attended the intensive WSP Breath Technician training, which teaches police experts about the benefits, pitfalls, inner workings and maintenance of the BAC DataMaster.

The firm has an extensive online and hardcopy library which is used to research the complete calibration and maintenance history of DataMaster machines. Moreover, the firm has ongoing working relationships with the top breath testing experts available, should such testimony be necessary at a trial or hearing. There may be several challenges a breath test in a particular case. Experience guides the DUI defense attorney to choose the route that has the highest probability of success.