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Have these errors affected your Breathalyzer test results?

On Behalf of | Mar 10, 2021 | Drunk Driving

Drunk driving allegations can wreak havoc on your life. While damaging to your reputation, these charges, if they lead to conviction, can take away your financial stability, your ability to drive, your job, and even your freedom. In other words, there’s a lot at stake in these drunk driving cases, which is why you need to diligently work to build the strongest criminal defense possible under the circumstances. One way to do that is to challenge the validity of Breathalyzer test results.

Breathalyzer calibration

One of the most common ways that prosecutors obtain drunk driving convictions is by relying on Breathalyzer test results. These tests tell law enforcement whether your blood alcohol content is over the legal limit. Law enforcement and prosecutors act as if these tests are infallible, but that simply isn’t the case.

In fact, Breathalyzer tests are often inaccurate, and for a number of reasons. One major issue pertaining to these tests is that the devices themselves often aren’t calibrated often enough. This can lead to inaccurate results.

Other issues pertaining to Breathalyzer tests

There are other problems with these tests that could lead to you facing drunk driving charges. The device itself may not be approved for use by the State, the person conducting the test may be improperly trained or lack training on how to use the device altogether, and the test is often conducted when the driver in question could provide questionable results such as when he or she is burping or vomiting shortly before the test is administered. Another frequent problem is that law enforcement fails to gather multiple test readings that are close in range, therefore buttressing reliability.

Challenging the prosecution’s evidence

Even when the evidence against you looks insurmountable, you might have strong criminal defense options at your disposal. Depending on the circumstances of your case, you may be able to suppress the prosecution’s evidence, which could lead to dropped charges or an acquittal. If you’d like to learn more about how to build your criminal defense, then consider discussing your situation with an attorney who is experienced in handling these types of cases.

 

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John Patrick Ryan has been practicing law for over 20 years. Experienced in criminal law. U.S. Navy Veteran.

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