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Grounds to challenge a breathalyzer test in Mississippi

On Behalf of | Jul 31, 2020 | Drunk Driving

When a Jackson area resident is facing a DUI, they may be scared and worried about what will happen. A DUI charge is a serious criminal matter in Mississippi. Law enforcement and the prosecution take a DUI seriously and they are aggressively prosecuted. The chemical test results are often the major source of evidence in a DUI trial. A breath test can provide hard data to prove that a person was under the influence. But these tests may not always be accurate and there can be a number of factors that skew the results.

Because the stakes are so high with a DUI conviction it is important to make sure all evidence against a person is accurate. A DUI defense attorney may explore one of the following grounds for their client:

  • Inadequate law enforcement officer training. Law enforcement needs to have training to operate a breathalyzer and if the training is inadequate, they may not administer the test correctly.
  • Breathalyzer maintenance issues. The breathalyzer machine may not be properly maintained, and unauthorized personnel may have performed repairs or tests on it. Or common maintenance may not have been completed on the machine.
  • Device malfunction. Certain device manufacturers have been under scrutiny lately as to whether their devices are accurate.
  • Alcohol in a person’s mouth. Mouth alcohol can affect the validity of a breathalyzer test. Vomit, burping or alcohol residue from cough drops, gum, cough syrups, etc. can affect the validity of the test.

An attorney who specializes in criminal defense understands that the stakes are high for their client. They will work hard to aggressively defend their client against a DUI charge, exploring every possible grounds to challenge a breathalyzer test and other irregularities regarding the DUI arrest.

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