Challenging the validity of breathalyzer results

Breathalyzer results often seem like a silver bullet that brings down any chance you have of fighting the charges, but this is not always the case. In many cases, the results themselves may not withstand scrutiny, or other elements of suspects' interactions with the officers who arrest them may undermine the strength of the charges.

In most cases, those who spend the time and resources necessary to build a strong legal defense find that they have more options than they expected. Even if a suspect ultimately does not succeed in dismissing the charges, simply accepting the charges is foolish. Prosecution teams often see these cases as easy wins and may recommend unreasonable punishments that truly do not fit crime.

If you received DUI charges based on breathalyzer results, then it is wise to consult with an established, experienced criminal defense attorney. Defending yourself against criminal charges is a basic right, and you don't want to pass up an opportunity to defend yourself, especially if the charges themselves may not prove as airtight as you expect.

Potential weaknesses of breathalyzer results

Although a breathalyzer is an impressive piece of technology, it is still a machine that can break or malfunction. Upon examining the circumstances of your arrest, you may find grounds to question how well the officer maintained the breathalyzer, or whether the officer kept the device properly calibrated.

You might think of a breathalyzer the way you would a luggage scale at an airport check in. If you weigh your bags and it exceeds the weight limit, then you may face extra charges for checking the bag.

You also have every reason to question the calibration or maintenance of the scale. If you see the scale rests at 2.00 pounds instead of 0.00 pounds, then it is not wise to assume that this scale produces accurate results, and you may end up paying for the overage even if your bag is not over the limit.

Similarly, if a breathalyzer does not receive regular maintenance or calibration, it cannot dependably produce reliable results. Even if it is well-maintained, the officer must operate the device correctly. If the officer does not operate the scale correctly, this may affect the results.

Even in instances where an officer operates a breathalyzer correctly and the device is properly calibrated, it is not always completely accurate, even if it is only off by a small margin of error. Any margin of error may affect results, especially those that indicate a driver is very close to the legal limit.

Defend yourself with all the available tools

As you build your legal defense, don't hesitate to reach out for professional legal counsel from an experienced attorney. You may find more ways to challenge breathalyzer results, or even the conduct of the arresting officer, if he or she violated your rights during the stop.

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