If you blew, what were the results?, How far apart were the two samples?, Who did the 20 minute observation?, Was there a bathroom break in the observation?, When was the machine last calibrated, and how many errors, if any, has the machine had since going online?, What was your breath volume sample?.
As a former breath test operator I assure you that I could devote an entire website to breath testing alone. The questions above are just a sample of what I review to determine the sufficiency of the breath test result.
If your breath test results are excluded, the prosecutor can still proceed forward with your charge, but the jury won’t be able to hear anything about a breath test and the prosecutor will have to prove DUI by “Impaired normal faculties” instead of using a presumption of impairment.
Now you are likely wondering, what are normal faculties? Normal faculties are defined in the DUI Jury instructions. “Normal faculties include but are not limited to the ability to see, hear, walk, talk, judge distances, drive an automobile, make judgments, act in emergencies and, in general, to normally perform the many mental and physical acts of our daily lives.”