You complied with a breathalyzer test after being pulled over, and it showed that you were over .08. Now you are facing DUI charges and it feels as if you have no hope of avoiding a conviction. This situation may feel insurmountable, but it is not. Even if you failed a breathalyzer, there are still ways an experienced attorney can defend you. Successfully challenging the results of a breath test is not only possible, it is one of the most common DUI defense strategies. Like other medical testing equipment, breathalyzers are sensitive devices that must be used correctly to produce accurate results. If you are facing a potential DUI conviction, securing strong legal representation should be your top priority.
How Can Breathalyzer Results be Challenged?
Breathalyzer results are not infallible, although prosecutors sometimes act as if they are. These devices must be maintained, used, and calibrated correctly according to the manufacturer’s instructions to produce accurate and reliable results. If the police department you were arrested by failed to do so, there is a strong possibility that your breath test results will be inadmissible. Common defects in breath test maintenance and procedures include:
User error - Not all police officers are appropriately trained to administer breathalyzer tests. There are procedures that must be followed to avoid an inaccurate result, such as a mandatory observation period where the arrestee must be monitored to make sure they do not put anything in their mouth that could affect the test. The results could be invalid if any part of the tests device’s instructions for use were not followed....