Breathalyzers are not infallible, as much as officers might like you to think. In fact, those who take their cases to court following a charge of driving while intoxicated may be able to battle the findings of a breathalyzer test. It is not the most common strategy, but it can certainly lead to results if you have a lawyer who is familiar with other DUI cases. Here are a few ways a skilled criminal defense attorney can help you fight your case in court:
1. The breathalyzer test was administered in poor conditions.
Did you know that the temperature of your breath can impact the reading on the breathalyzer? If you are running a fever, it is much more likely that you will have a higher reading. The reading is also likely to be inaccurate if the barometric pressure of the air is very high. Depending on where and when you are pulled over, this can have a significant impact on the results of the test.
2. The breathalyzer was defective.
Breathalyzers need to be calibrated regularly to ensure that they are properly functioning. Documentation should show that the devices were recently calibrated in order for the test to stand as evidence. Additionally, it is possible that things such as radio frequencies may influence the way a breathalyzer operates. Either way, it is entirely possible that you have been tested by a breathalyzer that simply was not functioning properly.
3. Your body can make its own alcohol.
Your body produces ethanol inside sometimes. In some individuals, the level of ethanol production is so high that alcohol actually registers on a breathalyzer test. This has resulted in DUI arrests in the past.
4. Officer error changed your breathalyzer results.
Before a police officer is allowed to administer a breathalyzer test, he or she must first receive proper training. If the officer who performed the test was not eligible to do so because they lacked training or certification, it is possible to argue that the test was not valid.
Even if you are innocent and have been arrested for driving under the influence of alcohol mistakenly, you need a defense attorney, like Wojick Stephen R. You may be completely innocent of the charges, but without proper evidence to support your case, you may not find yourself in the best scenario. Hiring somebody who understands the law protects your rights and ensures that you are not punished for something you did not do.