Here's How We Beat a 0.18 Breath Test
Can You Beat a .18 Breath Alcohol Test? Here’s How We Did It!
Today, we achieved a critical victory for a client in a Minnesota "implied consent" case involving a .18 breath alcohol test. With one prior DWI within the last ten years, our client faced a two-year license revocation. Many people believe that challenging such high breath test results is impossible, but we’re here to prove once again that with the right defense, even high test results can be beaten.
How We Beat the .18 Breath Test Result
As with most of our victories the breakthrough in this case came with the work we did before the case even came on for hearing. We filed multiple requests for information and uncovered serious maintenance issues with the breath test device in this case—the DataMaster (DMT). The Minnesota Bureau of Criminal Apprehension (BCA), which handles maintenance for these machines, revealed, upon our investigation, that the device used in our client’s case had a significant history of maintenance problems. These issues were so severe that the BCA had to pull the device from service entirely.
If our client hadn’t hired us, and we hadn’t filed a civil lawsuit to challenge the license revocation, neither the BCA nor the Minnesota Attorney General's office would have come forward to "undo" this error. This information was crucial, but it wasn’t volunteered by the Minnesota Attorney General’s office (which represents the Department of Public Safety in these cases), or even the criminal prosecutor. Under Brady v. Maryland, prosecutors are obligated to disclose exculpatory evidence, including issues that may affect the reliability of a breath test result. Only after our discovery and the AG folding did the prosecutor agree to suppress the breath test and reduce the pending charges.
Why This Matters for DWI Cases
This case shows that breath test results, even as high as .18, aren’t beyond challenge. Breath testing devices rely on rigorous maintenance and proper calibration, and any lapse in these processes can make their results unreliable. Without a skilled DWI attorney’s scrutiny, our client could have faced severe consequences based on faulty evidence.
The Bottom Line: High Breath Test Results Can Be Beaten
If you’re dealing with a DWI charge or license revocation based on a high breath test, don’t assume there’s no way to fight back. With the right lawyer, you can challenge the validity of the evidence. At our firm, we don’t just rely on claims—we dig deep, use our training, and hold authorities accountable to ensure our clients receive justice.
I’m Chuck Ramsay, Minnesota’s ONLY Board-Certified attorney in DWI Defense Law by the American Bar Association (Not MSBA). If you’re facing a high breath test result, call us—we’ll make sure no one can “undo” your rights.