In drunk driving cases, a Breathalyzer test is often the key piece of evidence used to prove that an individual was driving under the influence (DUI). However, Breathalyzer results are not always reliable, and an experienced DUI lawyer can challenge these results in court. If you’ve been arrested for DUI based on a Breathalyzer test, it’s crucial to understand how a lawyer might dispute this evidence to help build a stronger defense for your case.
Understanding Breathalyzer Test Reliability
Breathalyzer devices measure the amount of alcohol in a person’s breath to estimate their blood alcohol concentration (BAC). While these devices are designed to provide an accurate reading, they are not foolproof. Several factors can lead to incorrect or unreliable results, and skilled DUI attorneys know how to identify and challenge these issues effectively.
Common Ways a Lawyer Challenges Breathalyzer Test Results
1. Calibration Issues
Breathalyzers require regular calibration to ensure they are providing accurate readings. If the device was not properly calibrated or maintained, the results may be inaccurate. A lawyer can request maintenance records and calibration logs to check if the machine was functioning correctly at the time of your arrest. If it wasn’t, this can be used to challenge the test results.
2. Improper Use of the Device
Law enforcement officers are trained to use Breathalyzers properly. If an officer fails to follow the correct procedure when administering the test, such as not waiting the required 15 minutes before testing, the results may be compromised. A lawyer will examine the circumstances surrounding your arrest to determine if the officer followed proper protocol.
3. Medical Conditions
Certain medical conditions can affect Breathalyzer test results, leading to false readings. For example, individuals with diabetes or those who suffer from acid reflux may produce elevated BAC readings due to the presence of acetone or other chemicals in their breath. An experienced lawyer can investigate your medical history to determine if a health condition could have contributed to the inaccurate results.
4. Environmental Factors
Environmental factors such as the presence of chemicals, smoke, or even mouthwash can interfere with Breathalyzer readings. These factors might cause the device to register a higher BAC than what was actually present in the bloodstream. Your attorney can explore whether any of these environmental factors could have influenced the test results.
5. Lack of a Second Test
In many cases, law enforcement officers are required to administer a second test to confirm the accuracy of the initial Breathalyzer result. If this second test was not conducted or if it showed a significantly different result, your lawyer can argue that the initial test was unreliable and should not be used as evidence.
How a Lawyer Can Help
An experienced DUI lawyer will thoroughly review every aspect of your case, including the Breathalyzer test and the circumstances of your arrest. By challenging the validity of the Breathalyzer results, your lawyer can cast doubt on the prosecution’s case, potentially leading to a reduction in charges or even a complete dismissal.
If you’ve been arrested for DUI and believe the Breathalyzer results may have been inaccurate, don’t wait to seek legal help. Contact an experienced DUI attorney today to discuss how they can challenge the test results and help you fight your charges. Call Law Office of Eric H. Clayman, P.A., or visit our website to schedule a consultation. Your rights and freedom are worth protecting!
This post was written by a professional at The Law Office of Eric H. Clayman, P.A. The Law Office of Eric H. Clayman, P.A., serves Ft. Lauderdale and Broward County, specializing in criminal defense, including DUI, drug crimes, and violent offenses. With a background as a former police officer, Eric H. Clayman brings invaluable insight into law enforcement procedures. His experience as a DUI investigator, narcotics investigator, and member of street crimes and auto theft units, along with executing high-risk felony warrants, gives him a strategic edge in defending his clients. Committed to protecting your rights and achieving the best results, the Law Office of Eric H. Clayman, P.A., is your trusted ally in the face of criminal charges. Click here to learn more!
