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You can challenge a breathalyzer test

On Behalf of | Jun 9, 2022 | Criminal Defense, Drunk Driving

Getting pulled over for a suspected DUI is a serious matter in Mississippi. You may find yourself subject to a wide range of penalties. Depending on the severity of the charge, you can face heavy fines, probation, suspension of your license, or jail time. It will be up to you to prove you were falsely charged.

A breathalyzer test is far from infallible

There are many methods that you can choose to challenge the veracity of a police breathalyzer test. This challenge will form the basis of your ongoing criminal defense. The officer that tested you with the breathalyzer needs to have received many hours of special training. If this was not the case, you can challenge their ability to get reliable results.

You may also be able to allege that the breathalyzer machine itself was not in the proper condition. You may claim that the machine was not working properly, in which case the subsequent results were not reliable. If this is your claim, you need to be able to show that the machine was malfunctioning in some way.

Reasonable suspicion must always be proved

It may be a valid strategy for you to challenge the validity of your breathalyzer test by showing that there was no reasonable suspicion to give you that test. You may allege that there was also no reason to pull you over in the first place. The police must prove you were driving in an erratic fashion or breaking traffic laws.

You may get a break in your case if the officer that gave you the test doesn’t show up to testify. If this is the case, you may be able to get your charges dismissed. At the very least, you may get the breathalyzer testimony to be thrown out.

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