Station Breath Test
My clients have at times been as high as 0.21 on a breath test and 0.25 blood alcohol levels- over three times the legal limit. I have been able to get many of these cases thrown out of court after filing my pretrial motions.
Just because your breathalyzer test was 0.08 or above does not mean all is lost. It must be a good test. They are required to give you two tests which must agree within .02 pts of each other. Any breathalyzer test must be administered by a certified breath test operator with an up-to-date certification document.
The breath test operator must have observed you continuously for the 15 minutes immediately preceding the test to make certain you didn't burp, belch, or regurgitate undigested alcohol into your mouth, which can then skew the test to a higher, inaccurate result.
There are references on this website to ex-clients with breath tests as high as .21 whom you can contact to verify a succesful defense is still possible.