Fighting a DUI involving breathalyzer results is never easy, but it is not impossible. Just like any measurement device, a breathalyzer has weaknesses and a general margin of error, so it is usually possible to build some sort of legal defense against such charges.
Unfortunately, challenging this kind of evidence requires patience and creativity, and many people who face DUI charges want a silver bullet that will get them off the hook. While it is possible to challenge the validity of breathalyzer results, it is never automatic, and may require significant preparation and risk-taking.
It is never wise to prepare a defense against DUI charges without professional legal counsel. While preparing some defense without legal guidance may prove better than preparing no defense at all, you deserve a strong defense based on an educated understanding of the law and an in-depth knowledge of the local justice system. Don’t hesitate to reach out to an experienced local defense attorney to protect your rights and your future.
Weaknesses of a breathalyzer test
If the breathalyzer is not in proper working order when you receive your test, then the results are automatically questionable. Additionally, if the officer who performs the test does not use the device properly, then you may have grounds to challenge the results based on the negligence or incompetence of the officer.
When you drive your car, you depend on your speedometer to tell you how fast you’re going. If it is not working properly, then you may think you’re driving 65 miles per hour when you’re really doing 70. Similarly, you may unfairly get arrested for a DUI if the breathalyzer does not give accurate readings.
In order to give accurate readings, a breathalyzer requires regular maintenance and calibration. If the officer using the device did not properly maintain and calibrate the device, you may have grounds to contest the results.
The conduct of the officer
Not only may the officer invalidate the charges by improperly operating the device, he or she may also violate your rights by failing to follow proper arrest guidelines. If you believe that your arresting officer violated your rights, or if you are not sure, don’t be afraid to reach out to an experienced defense attorney.
An attorney can protect you from further unfair violations of your rights and inform the court that your officer failed to uphold the law, invalidating the charges. You may have more ways that you expect to fight these charges, so be sure to begin building your defense as soon as you can.
