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Breathalyzer Tests

Salt Lake City DUI Attorneys

The Role of Breath Tests in DUI Charges

Breath testing plays a prominent role in almost all DUI/DWI cases. The blood alcohol level found by administering a breath test is typically the most crucial piece of evidence against the accused. Utah police agencies use the Intoxilyzer Models 5000/8000 breath testing device. The old Breathalyzer testing equipment is obsolete and no states use breathalyzers any longer.

We believe that the testing process serves another purpose as well. Our lawyers believe it is intended to confuse people into making decisions that will negatively impact the outcome of their case. Here's how:

The first thing that a police officer may do after pulling someone over for drunk driving is administer a portable breath test (PBT). Most likely, the officer will not clearly inform the accused that this is not the official blood alcohol breath test. This portable test is used only as a starting point to detect if there is any alcohol in a person's system.

The next step a police officer may take is to quickly read over the testing procedure. The officer will then ask the accused if he or she is willing to accept a breath, blood or urine test. Of course, at this point, the accused already believes to have taken the test. The wrong response may be taken by the officer as a refusal that can lead to serious consequences, including 18 months of drivers license suspension, with no provision for limited privileges

Breath testing for Blood Alcohol Content and the Intoxilyzer machine are not infallible. Any thorough, complete and aggressive DUI defense includes researching the individual machine and operator history, calibration results and follow-up testing of internal alcohol constants by the State Toxicology Laboratory.

Our Team is Ready to Fight for You

At Access Legal, our attorneys understand how to handle these and all situations that come up during a DUI defense case. Our aggressive representation means that we will carefully look over all evidence, including how a breathalyzer test was administered. We will look for every opportunity to help you get the best results.

With more than 25 years of combined experience on your side, we understand how to help you. Our criminal defense team is available to defend people accused of drunk driving in Salt Lake City and throughout Utah.

In addition to Intoxilyzer breath tests, our lawyers understand how to address the use of blood tests and urine tests in drunk driving defense cases.

We Offer Free Consultations

E-mail or call us at (801) 363-5297 to set up a meeting with a dedicated DUI/DWI defense lawyer.
Recent Verdicts
  • State v. Thompson, 2nd District, Farmington, on December 11, 2009, at the time set for Preliminary Hearing, the State Dismissed the 1st Degree Felony charges of Forcible Sexual Abuse of a Child, that would have locked up this client for life in prison.


  • State v. Villareal, 1st District, Logan, on December 16, 2009, the State Dismissed all charges against the defendant who had demanded that the police obtain a search warrant before entering his room; when the police executed the warrant, they found marijuana and paraphernalia, and also charged the young college student with "Obstruction of Justice" in addition to the possession charges. The State's Attorney agreed that the contraband did not belong to our client, and Dismissed all charges.


  • In Re: Irfan H. Before the Immigration Law Judge, on March 8, 2010, Attorney Edward Flint successfully argued that our client should not lose his permanent residency status and be deported to Bosnia, despite drug and attempted burglary convictions (Cancellation of Removal).


  • Holladay City v. Lake, Holladay Justice Court, on April 2, 2010, Attorney Jonathon W. Grimes argued that the charges be dismissed with prejudice, and the Court granted that motion.


  • State v. Evans, 4th District, Provo, on April 13, 2010, Attorney Jonathon W. Grimes successfully obtained a Plea in Abeyance to Domestic Violence Assault for our client, who had been charged with 1st Degree Felonies of Aggravated Kidnapping, Rape and other serious charges, that could have resulted in a life sentence.


  • Salt Lake City v.Longley, 3rd District, Salt Lake, on April 2, 2010, Edward Flint successfully obtained a Plea in Abeyance to one Misdemeanor for our client who was charged with two Class A Assault on a Peace Officer charges, plus other charges for possession of marijuana and paraphernalia, public intoxication and criminal mischief.


  • State v. Herrera, 3rd District, Salt Lake, on April 13, 2010, Edward Flint obtained a dismissal of charges of 1st Degree Felony Aggravated Robbery and Burglary of our client, which will also resolve his Parole violation and release him from prison.


  • State v. Benson, 3rd District, West Jordan, on April 22, 2010, Edward Flint negotiated our client's charges down from 2nd Degree Felony Burglary to a Class B Misdemeanor Trespassing.


  • State v. McHugh, Judge Stott, 4th District Court, Provo. On June 24, 2009, Edward Flint and Jonathon Grimes for the Defendant, the Defendant was found guilty of making a threatening phone call after a two-day Jury Trial.


  • United States v. Vero Ken, US District for Utah, Central Division, Judge Waddoups. On June 11, 2009, Jonathon Grimes for Defendant successfully argued against the cross-referencing sentencing of defendant in Federal Court on a conviction for possession of a gun by a convicted felon. The US Attorney had sought to have the Defendant serve up to 10 years of prison for possession a handgun, because of pending charges of Attempted Murder in Wyoming State Court. Mr. Grimes convinced the Judge that the harsher penalties were not proven in a case where the defendant’s rights of due process and confrontation of witnesses was at issue, and the Defendant will only serve an additional 29 months of incarceration, instead of 10 more years.


  • West Valley v. Eschler, 3rd District Court, Salt Lake and West Valley Justice Court (two cases). On June 4, 2009, Jonathon Grimes for Defendant, Judge McCullaugh dismissed the last of several charges against defendant alleging domestic assault. Previously, the prosecution voluntarily dismissed a more serious charge pending in District Court, and Defense counsel filed a motion to Disqualify Judge Keith Stoney from the remaining Justice Court case. Rather than allow the details to be made public, the prosecution asked the Court to dismiss the case.


  • State v. Warren, Judge Harmond, 7th District Court, Price. On February 20, 2009, Edward Flint for the Defendant, an Evidentiary Hearing on Defendant’s Motion to Suppress Evidence resulted in the Court finding that the police did not have Reasonable Suspicion to stop the defendant’s vehicle, and ordered the suppress of all evidence, resulting in the Dismissal of Felony charges of Possession of methamphetamine, DUI, weapons violations and other charges. This was the second time that this same defendant obtained a suppression of all evidence and dismissal of nearly identical charges in a different court, based upon the research and arguments of Mr. Flint as his attorney.


  • West Valley v. Warthen, Judge McCullaugh, West Valley Justice Court.. On October 30, 2008, Edward Flint for the Defendant, the Jury returned a Verdict of Not Guilty to DUI and Improper Turn. Defendant blew a .139 Blood Alcohol Test, but our Expert Witness convinced the Jury that the test was unreliable.


  • State of Utah v. Jamie Clark 071701923 and 081700868. Felony DUI case in Davis County, UT. The prosecutor is unable to get the case bound over on two successive Preliminary Hearings. All Charges dismissed and cannot be re-filed on August 18, 2008.


  • Farmington City v. Aubrey Sines 085005370. Motion so suppress evidence granted after prosecutor agreed that stop violated the 4th Amendment. Case dismissed on 8/19/08


  • West Valley City v. Todd Hull 08192956 After entering a guilty plea in West Valley City Justice Court, Todd Hired Jonathon Grimes to represent him on an appeal. Mr. Grimes sets the case for trial and September 8, 2008, less than a month before trial, the prosecutor moves the court to dismiss all charges against Todd. Mr. Grimes does not oppose the motion and the case is dismissed.


  • Cottonwood Heights v. Rublev (Judge Daniel Gibbons) On June 16, 2008, Edward Flint for Defendant, the jury only heard the first witness before breaking for lunch; after lunch, the prosecutor Lorenzo Miller was 20 minutes late for court and the Judge Dismissed the DUI charges against defendant, with prejudice. The prosecution did not appeal and the case is closed. 


  • State v. Rios, West Jordan District Court, Judge T. Christiansen. On April 17, 2008, Edward Flint and Jonathon Grimes together for the Defendant, the Jury returned Verdicts of NOT Guilty to Rape and NOT Guilty to Forcible Sodomy, both 1st Degree Felonies punishible by up to life in prison, but this defendant is home with his family tonight. 


  • Vernal City v. Moore, Vernal Justice, (Judge McRae) Edward D. Flint for the defendant, the prosecutor dismissed the case prior to trial scheduled on February 26, 2008 because the arresting officer errantly destroyed some evidence that could not be retrieved.


  • State v. Jordan, SL County Justice, (Judge Robertson) on February 7, 2008, Jonathon W. Grimes for the Defendant, the prosecutor dismissed the case halfway through jury trial when it became obvious they would lose.


  • State v. Farrington, St. George District, (Judge Beacham) Edward D. Flint for defendant, on February 20, 2008, the prosecutor dismissed Felony DUI charges against the defendant, a commercial truck driver, prior to a Final Pre-Trial Conference.


  • State v. Giles, Duchesne District Court, (Judge Payne) On December 20, 2007, Edward D. Flint for the Defendant the Jury returned a split verdict, finding defendant NOT GUILTY of Class A Misdemeanor domestic violence in presence of a child, and Guilty of simple assault.


  • State v. Fail, Salt Lake District, (Judge Skanchy) Edward D. Flint for the defendant, on November 30, 2007, the jury returned guilty verdicts for tax evasion and failure to file tax returns after a two day jury trial.


  • Taylorville v. Gallegos, Taylorsville Justice, (Judge Kwan) November 1, 2007, Edward D. Flint for defendant, the case resolved with a Plea in Abeyance prior to jury selection.


  • State v. Cossey, SL County Justice, (Judge Robertson) Jonathon W. Grimes for the defendant, the case settled half-way through jury trial.


  • State v. Dade, SL District Court (Judge Barrett) Edward D. Flint for Defendant on June 18, 2007, the scheduled jury trial was stricken and the defendant plead guilty to Sexual Battery, a Class A Misdemeanor, and two First Degree Felony charges of Aggravated Rape and Aggravated Sodomy were dismissed. The defendant had faced a minimum mandatory sentence of 20 years to life if convicted, but as a result of the plea bargain, received credit for time served and was released from jail that day.


  • State v. Barrow, SL District Court (Judge Hilder) Edward D. Flint for Defendant, on June 5, 2007, the prosecutor reduced the charges before Jury selection from a Third Degree Felony Aggravated Assault (5 years prison) to a Class C Misdemeanor "Disorderly Conduct" and the defendant was assessed $600.00 in restitution and the case closed.


  • West Valley City v. Kimball, WVC Justice (Judge Stoney) Edward D. Flint for Defendant, in October, 2006, the jury returned a verdict of NOT GUILTY of Child Abuse.
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