Breathalyzers and similar devices are one of the most common types of sobriety tests used in drunk driving stops, and their results often lead to drunk driving convictions. When a driver receives charges after failing a Breathalyzer test, they may think that there is nothing they can do to defend themselves, but this is not always the case.
Breathalyzers have several weaknesses that can skew their test results. If you recently received drunk driving charges after failing a Breathalyzer test, it is wise to examine the circumstances of your arrest to identify any grounds for challenging your test results. This is an important part of building a strong legal strategy to keep your rights secure throughout the defense process.
Breathalyzer use requirements
For a Breathalyzer to produce accurate results, it must receive ongoing maintenance and regular calibration. In order to accurately read the blood alcohol content of a driver’s breath, these devices must not have any mechanical malfunctions that could alter results. Similarly, if a device falls out of calibration, it will produce results that may falsely indicate that a suspect exceeds the legal limit even if they have not.
It is also important for the officers who administer tests to operate the device properly, and to only use approved devices. Even if a device can produce accurate results, operator error can impact those results, and unapproved devices may produce results that do not hold up in court.
The behavior of the arresting officer
As you consider defensive options, make sure to examine the behavior of your arresting officer. In some instances, officers violate the rights of individuals during their interactions, which can compromise any charges that result from such an interaction.
While law enforcement officers enjoy some privileges around how they interact with the public, they may not typically break the law in the course of enforcing the law. If you believe that your arresting officer violated your rights during your interaction, this may serve as an important piece of your legal defense strategy.
Don’t wait to protect yourself
Fighting drunk driving charges is not a simple process, and waiting to begin building a defense only removes defensive options that you may need. If you haven’t begun building your legal defense strategy, now is the time to do so.
Using the tools that the law provides, you may find that you have many more ways to protect yourself than you realize. Make sure to use strong legal resources and guidance as needed, to keep your rights secure as you fight against harsh punishment for your charges.