After drivers fail breathalyzer tests, they may think their defense options are, legally speaking, toast. In reality, an experienced, creative attorney may see many ways to challenge the charges, depending on the nature of the arrest and the conduct of the officer.
Breathalyzer results are far from bulletproof, but many individuals who receive DUI's based on those results never take the time to build a strong defense to protect themselves. This assumption that they have no way to fight the charges may not only cost them dearly in fines and court costs, they may lose the right to drive and face increased insurance costs that can severely impact many areas of their life.
If you recently received a DUI, you should absolutely do everything that you can to fight the charges, and there is almost certainly some strategy you can use if you're willing to make it a priority. Fighting DUI charges is always easier with the guidance of an experienced attorney who understands how to assess DUI charges to build a strong defense.
Ways to challenge breathalyzer results
In order to defeat breathalyzer results in court, you must find a way to either cast doubt on the validity of the results, or find some other aspect of the interaction with the arresting officer that may justify tossing the charges.
You may begin by scrutinizing the breathalyzer itself. Like any other measuring device, a breathalyzer requires regular maintenance and calibration to remain dependable. You may find reasons to doubt the upkeep of the device.
Similarly, if the officer who administered the test did not properly operate the device, this may cast doubt on the validity of the results. You may find ways to question the results by challenging the dependability of breathalyzers altogether.
You may also identify unacceptable conduct by the officer who arrested you. If, for instance, the officer who arrested you did not follow proper procedures while doing so, then you may find grounds to toss out the charges.
Police bear a responsibility to force the law without violating the rights of a suspect. If the officer violates your rights in some way, then the charges are compromised.
Don't wait to begin fighting the charges
The longer you wait to begin fighting the charges, the longer that the prosecution has to build the case against you, and since it is their full-time job to do so, you can rest assured that they are already building it. Be sure to use every tool at your disposal to fight these charges and protect your rights and privileges.