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Advocates For The Accused
Since 1993
McIntosh Law | Advocates for The Accused Since 1993

Speak With Our Attorneys –

Phone: 941-306-3230

The truth about Breathalyzer results

On Behalf of | May 26, 2018 | Firm News

When you face drunk driving charges, it is always wise to build a strong legal defense as soon as you can, especially considering that the prosecution begins building its case against you immediately. The longer that you wait to start, the fewer options you have and the less time you have to use them.

Of course, building a legal defense to DUI charges that involve a Breathalyzer test is not always simple. Although these devices are not always dependable, they have a strong public reputation, often making them seem like bulletproof evidence. You may have more ways to challenge your own Breathalyzer results than you expect.

You can challenge the reliability of the device

Even a well-maintained and calibrated device does not produce completely accurate results all of the time. If your charges rest on failing a Breathalyzer test by a very small margin, you may have an opportunity to contest the results based simply on the margin of error of the device. This is not a common strategy, but is sometimes useful.

More commonly, you may challenge the upkeep of the device and how that may affect the results it produces. If these devices do not receive ongoing calibration to make sure they measure properly and regular maintenance, they may produce inaccurate results quite easily. Carefully look over the interaction you had with the arresting officer to identify any grounds you might have to challenge the upkeep of the device.

You can challenge the officer

A well-maintained device may still produce poor results if the officer does not use it properly. In some cases, this is an easy way for a police officer with bad intentions to fabricate unfair results through improper use. In other cases, an officer without much experience may use the device improperly.

You may also identify other actions on the part of the officer than indicate he or she did not treat you fairly. If so, you may find grounds to challenge the charges based on unfair treatment by the arresting officer, or some other specific violation of your rights.

Protecting your rights is your responsibility, and one that you should take very seriously. Receiving DUI charges may mean serious fines as well as jail time, and may result in long-term loss of driving privileges, potentially affecting your income. Do everything you can to fight these charges and avoid harsh sentencing, keeping your future freedoms secure.

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