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Find Out Why A Judge Tossed Breathalyzer Tests in DUI Cases

A Vermont judge who claims there isn’t enough scientific evidence in breath tests to fairly charge someone with driving under the influence (DUI) threw out critical evidence in 25 cases.

What is “relate-back” evidence and why is this such a win against it?

After the judged tossed the evidence, a defense attorney in the courtroom praises the decision as being a huge win for DUI defendants against “relate-back” evidence.

Essentially, relate-back evidence refers to attempts by police officers and prosecutors to calculate a person’s blood-alcohol content (BAC) when he or she was driving from a breath test that was taken later.

What types of breath tests are used?

Essentially, there are two (2) types of breath tests involved in DUI arrests.

  1. Field sobriety tests, which are administered – voluntarily – on the road.
  2. Breath tests administered through a Breathalyzer test machine back at the police station.

Both are riddled with imperfections. For example, the Breathalyzer test can give a false reading if you have acid reflux or diabetes, or even you belched 20 minutes before the test.

Why did the judge toss the evidence?

In short, it all comes down to reasonable doubt.

In making his decision to ignore the breath test results, the judge maintained that evidence varies considerably when it comes to being able attempting to show when alcohol leaves a person’s body.

If you’ve been charged with DUI, Call Alex Lane

The main takeaways from the article above are to not voluntarily take a field sobriety test and hire a lawyer if you’ve been charged with a DUI.

There’s simply too much at risk to take chances on representing yourself in court. A good lawyer will look at all aspects of your case and develop a strategy to chip away at the prosecution.

For a free consultation, call the offices of Alex Lane. Our number is 480-776-5757.


If you have been charged with a DUI, drug charge, sex crime or any serious criminal offense, let an experienced defense team fight for you. Schedule a consultation with one of our partners today. Call (480) 562-3482 or send an email.