After receiving DUI charges because you failed a Breathalyzer test during a traffic stop, you may feel like you have no options when it comes to building a defense. It is true that you have a very difficult road ahead of you, but you may still have a number of ways to build a strong defense, if you examine the details of your case closely and consider all defense options.
In many instances, a defendant has grounds to challenge the results of a Breathalyzer test, and may see the charges reduced or dropped entirely. However, this is only true for those who bother to build a defense and go to the trouble of fighting the charges. Many individuals assume that nothing will help them and simply bury their heads in the sand and hope for the best. Legally, as in most areas of life, this is a poor plan.
If you face DUI charges because you failed a Breathalyzer test, you should consider any grounds that you have to challenge the results and reduce or dismiss your charges. A careful examination of your arrest experience can help you determine a strong strategy you can use to defend your rights and privileges.
Challenging the reliability of the device
Breathalyzer devices are impressive pieces of technology, and are able to determine with significant accuracy the blood alcohol content of a person who submits to a Breathalyzer test. However, this is generally only true if the device is properly calibrated and regularly maintained.
If the device is not properly calibrated and maintained, it may produce inaccurate results that may improperly lead to your charges. You can imagine how upsetting you would find it if you went to the airport and weighed your luggage on the scale by the check-in counter, only to have the attendant tell you that you’ve exceeded the weight limit because the scale used was not properly calibrated. You certainly wouldn’t want to unjustly pay an overage fee, and you shouldn’t expect to unfairly pay the price for charges based on inaccurate Breathalyzer results.
The actions of the officer
Even if the device itself is properly calibrated and maintained, the officer may not properly operate the device. While operator error is not common in police stops, it is possible. Be sure to scrutinize your interaction carefully to identify grounds to believe that the officer did not properly use the device when administering your test.
You should also consider the conduct of the officer throughout your interaction. You may have valid reasons to object to the charges based on unfair conduct of the officer, especially if he or she violated your rights in some way during the interaction.
Building a defense is not simple or easy, but it is absolutely your right to do so. Make it a priority to build a strong defense and protect your rights and privileges against DUI charges.
