Was your breathalyzer test properly administered?

 Posted on December 28, 2017 in OWI

If you recently received DUI charges, it can feel as though you have no way to fight them. The truth is that there is usually something a very creative person can find to build some sort of defense. While there is no guarantee that the defense succeeds in preventing a conviction, it is always better to build some sort of defense against any kind of criminal charge.

Without a legal defense of some kind, the prosecutor handling your case has nothing to prevent them from throwing the book at you and using you as an example to other alleged offenders. Even if the officer who arrested you administered a breathalyzer test and it indicated that you were over the limit, you may still have more options than you think you do.

In most cases, it is most effective to enlist the help of an experienced DUI defense attorney. Such an attorney fully understands the laws that govern DUI stops and arrests, as well as the local justice system and the major players in it. With proper legal counsel from an experienced, established defense attorney, you can confidently fight for fair treatment while protecting your rights.

Challenging sobriety test results

You must examine the details of the stop, including any documentation you have, to determine if the officer who arrested you did anything improper during the stop. Police must abide by certain rules when they stop individuals they suspect of breaking the law. If the officer in question violated any of these rules, you may have grounds to throw out the charges.

This may be some procedural aspect of the stop, if the officer mistreated you in some way or did not properly interact with you. If, for instance, the officer asked you to walk a straight line but ordered you to do so on a slope that was wet from recent rain, then you might claim that the test itself was improperly administered.

Challenging a breathalyzer test operates on similar principles. A breathalyzer is simply a device that measures something, and like all measuring devices, the person operating it must calibrate it regularly to ensure it takes accurate measurements. You may claim that the device was not calibrated, resulting in inconclusive measurements of your blood alcohol level at the time.

Similarly, you may find reason to claim that the officer who administered the breathalyzer did not use the device itself correctly. If you make a convincing case for operator error, you may successfully overcome the charges altogether.

Don't fight DUI charges by yourself

When it comes to fighting DUI charges, there are no guarantees — except that mounting no defense guarantees significant punishment. No matter how you choose to fight your charges, don't attempt to do so on your own. Be sure to seek out all the help you need to protect your rights against unfairly harsh charges.