DO YOU HAVE GROUNDS TO CHALLENGE BREATHALYZER RESULTS?
On behalf of Law Office Of Scott G. Cerbin, Esq., PLLC on Wednesday, January 2, 2019.
When you receive drunk driving charges, it may seem like you don’t have any options, especially if you failed a Breathalyzer test. it is certainly understandable to feel this way, but you may find that you have more opportunities to fight your charges than you realize. In most instances, a strong legal defense can help you keep your rights secure while fighting to reduce your charges or dismiss them altogether.
You may even have grounds to challenge the results of a Breathalyzer test, depending on the circumstances surrounding your charges and the evidence you can gather. It is always wise to learn as much as you can about the evidence the prosecution has against you, but you must act quickly. Otherwise, you may run out of time to review it and build a strong legal strategy. Without a strong defense, it is very difficult to avoid harsh punishment for drunk driving charges.
The reliability of the testing device
Even when Breathalyzer devices are properly calibrated, they do not produce flawless results. There are some examples of defendants seeing their cases thrown out because they challenged the reliability of the results in their calibrated form. This is not at all common, but it is good to understand the limits of a Breathalyzer’s accuracy.
Many different factors may affect the Breathalyzer’s accuracy and give you opportunities to challenge your results. Often, the device is poorly maintained or calibrated, which can produce unreliable readings.
If you have any reason to believe that the device used in your stop was not properly calibrated or maintained, be sure to consider this as you build your defense. You might also allege that the arresting officer did not properly operate the device if you can justify it.
Questioning the arresting officer’s conduct
In some cases, your arresting officer may not follow the law during your arrest. This could mean that they violate your rights in some way, or that they do not follow protocol while assessing your sobriety and making the arrest.
Always be sure to review each detail of your arrest, gathering as much documentation and evidence as you can to build your defense. The more energy and attention you pay to your defense, the more likely you are to find strong legal tools to protect your rights.