Hayes, Williams, Turner & Daughtry, P.A.
910-292-6147

Failed a Breathalyzer test? Don't give up just yet

There's nothing more soothing on a cold day than a shot of whiskey in your tea or a little cream liquor in your coffee. Or, maybe you just enjoy celebrating the good cheer of the whole holiday season with an occasional glass of wine.

Whatever your favorite, you know better than to get behind the wheel of your car while you're inebriated. You never exceed your limit, always make sure to have some food with your drink and wait until you're sure you're sober before you head home. That's why it is such a shock when a minor traffic violation ends with you flunking a Breathalyzer test and being arrested for drunk driving.

There are several reasons that you shouldn't give up and assume that you'll never overcome the charges against you based on a Breathalyzer exam. Breathalyzers:

1. Aren't as precise as people think

Just because something looks like a high-tech device and has sensitive equipment doesn't mean it is accurate. Some brands have more reliability than others, and it only takes one false-positive to cause you a big legal problem.

2. Are prone to user errors

Human beings still have to maintain and operate the Breathalyzer tests and humans are error-prone. Why should you assume that a Breathalyzer has been recently calibrated or was handled appropriately by the officer who tested you?

3. Are relied on when they shouldn't be

Police officers tend to trust the machines more than they do their own eyes. You could find yourself in a situation where you aren't acting impaired but accidentally admit that you had a drink or two. That's enough to make a police officer demand a Breathalyzer test. If you blow above the legal limit, you can end up arrested even though you demonstrate none of the signs of inebriation.

If you're facing drunk driving charges in North Carolina, get experienced legal advice today.

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