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Can you challenge your Breathalyzer results?

It is easy to feel completely trapped and without options when you fail a Breathalyzer test and receive DUI charges. In films and television, Breathalyzers often seem like infallible devices that produce reliable results each and every time an officer administers a test with one. However, these devices do have some weaknesses, and in certain circumstances, you may have grounds to challenge Breathalyzer results and possibly see the charges against you dismissed.

A Breathalyzer device can only deliver dependable results when it is properly calibrated, maintained and operated. If the device is not properly calibrated, it may produce inaccurate readings that unjustly result DUI charges. Likewise, if the device is not properly maintained on a regular basis, it may malfunction and produce similar inaccurate results. It is also easy to see how operator error can produce inaccurate readings. If you find grounds to challenge the accuracy or validity of the results of your Breathalyzer test, a court or jury may choose to toss out these results or even dismiss the charges altogether.

In some cases, the margin of error that all Breathalyzers present is sufficient to question the basis of your charges, if the charges indicate that you only allegedly exceeded the legal limit a little. While this is definitely a long-shot defense, there are examples of juries tossing out results based on the margin of error of a properly operating Breathalyzer.

It is difficult to know if any of these unconventional defenses may apply to your circumstances until you consult with an experienced attorney. Don't hesitate to reach out for the guidance that you need from an attorney who understands how to use every tool available to build strong defense that protects your rights against unfair DUI charges.

Source: FindLaw, "5 Potential Ways to Challenge a Breathalyzer," accessed Jan. 12, 2018

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