Failed Breathalyzer Test, You Can Still Beat a DUI Charge

Published 02/19/2020

Failing a Breathalyzer Test does not mean you must plead Guilty to a DUI.

The Law Office of Matthew L. LaMountain has years of handling DUI cases. As a former State DUI prosecutor and now a Rhode Island DUI Defense Attorney, I have handled thousands of DUI’s and Breathalyzer Refusal cases. My background and experience will help identify mistakes early in the case, to get the case dismissed on legal technicalities and/or have the charges reduced.

A DUI Arrest Does Not Automatically Lead To A Conviction.

DUIs are very technical crimes because of the many constitutional and statutory rights that are provided to a defendant.

As an experienced Rhode Island DUI Defense Attorney I will review the facts of your case and will carefully review the statutory, regulatory and case law in order to find areas where mistakes were made.  For example, if the police failed to read you your Miranda rights prior to be questioned or lacked probable cause to stop your motor vehicle then all the evidence gathered thereafter could be suppressed and the case dismissed.

DUI Prosecutions Are Very Technical

Did you freely and knowingly give valid consent to the Breath test? Were you properly advised of your rights prior to taking the test? Were you afforded the opportunity to have additional tests and be examined by a doctor of your choice? These are just some of the  many issues The Law Office of Matthew L. LaMountain will review with you in preparation of your defense.

Faulty Breathalyzer Machines And Improper Administration of Tests

Faulty breath tests machines can result in wrong readings which will not be allowed into evidence. Occasionally, these tests are improperly used and/or malfunction. As an experienced Rhode Island DUI Defense Attorney  I will review your case to identify if this happened in your case and also review your case to see if police followed the numerous Department of Health Regulatory Procedures for administering the Breathalyzer Test.

Medical Conditions Can Preclude Breath Test Evidence

Certain Medical Conditions can also alter the results of a Breathalyzer Test and make the results not admissible in Court. Common conditions such as Gastroesophageal Reflux Disease, Acid Reflux or heartburn can produce invalid breath test results.  Additionally, if your burped prior to taking the Breathalyzer test that will invalidate the results.

Improper Police Conduct Could Lead to a Dismissal

Lastly, I will review your case to look for improper police conduct that could result in your case being dismissed and/or having your charges reduced/


Rhode Island DUI Defense Attorney Matthew L. LaMountain has beat many Rhode Island DUIs when his client's Failed A Breathalyzer Test


Hope is not lost, even if you failed the Breathalyzer Test.


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