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It is possible to challenge Breathalyzer results

On Behalf of | Feb 12, 2019 | Firm News

Many people face drunk driving charges at some point in their lives, and it is rarely easy to beat these charges without a strong legal defense. For many prosecutors, drunk driving charges represent easy wins they may use to build their own record of convictions. It is important to review all the evidence carefully to identify weaknesses a defendant can use to protect themselves and their rights.

This is particularly true when the charges involve Breathalyzer results. In many instances, these results are flawed, or are sometimes based on assumptions a defendant may challenge. If you recently received drunk driving charges after failing a Breathalyzer test, you must begin building your defense as soon as possible. You may find you have more defense options than you realize.

Breathalyzers are not perfect tools

Just like most other devices that involve precise measurements, a Breathalyzer is only reliable if it receives regular maintenance and calibration. If you have ever used power tools, like a circular saw, then you know that a poorly calibrated blade makes it very difficult to make a precise cut. Similarly, if your bathroom scale does not rest at absolute zero, it may not accurately read the weight of anyone who steps onto it.

Breathalyzers are no different. If an officer gauges your sobriety with a device that is not properly calibrated, you may receive charges that you do not deserve. When criminal charges depend on a device accurately reading hundredths of a percentage point, calibration is very important. It is wise to carefully review the circumstances of your arrest to find areas where you may challenge the device itself or the conduct of the arresting officer.

Were your rights violated during your stop?

In general, law enforcement may not break the law in order to uphold the law. Even if you do not find opportunities to challenge your Breathalyzer results directly, you may have an opportunity to challenge the actions of your arresting officer. If you find that the officer did not follow proper protocol throughout your interaction, then you may challenge the charges on these grounds.

The sooner that you begin building your defense, the more opportunities you have to find weakness in the evidence against you, and possibly see the charges reduced or dismissed entirely. Do not hesitate to use high-quality legal resources and guidance to build your defense and keep your rights and priorities protected. Your future freedoms may depend on it.


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