Failing a Breathalyzer test is a frustrating, often frightening experience. In the moment, many people feel as though they are headed straight for a drunk driving conviction and there is nothing they can do about it. Drunk driving arrests are all different, so there is no one-size-fits-all defense that can protect all defendants, but building a strong legal defense after receiving charges is always better than failing to prepare any defense at all.
If you recently received drunk driving charges after failing a Breathalyzer test, now is the time to take action to protect your rights and your future. Drunk driving convictions are costly, and may lead to jail time, loss of driving privileges, and may impact your ability to keep your job or home. Make sure to examine the specifics of your arrest carefully to find weaknesses in the evidence against you, using the strength of the law to keep your rights secure.
Inaccurate Breathalyzer results
One might think that Breathalyzers deliver perfect results after each test, but this is far from the truth. A Breathalyzer is a complex measurement device that requires ongoing maintenance and calibration by the officers who use them in the field. If an officer uses a poorly calibrated or maintained device during a drunk driving stop, this may lead to drunk driving charges based on inaccurate results.
As you review the evidence against you and examine the circumstances around your arrest, consider any part of your experience that could indicate a poorly calibrated or maintained Breathalyzer. It is possible your own results may not hold up to scrutiny.
Examine the interaction with your arresting officer
A properly calibrated Breathalyzer may still produce bad results if the officer administering a test does not use the device properly. Whether an officer uses a device such as a Breathalyzer or some other form of sobriety test, they must follow proper procedures. Improper operation of a device is only one of many ways that an officer may improperly assess a suspect’s sobriety, so you must examine all of an arresting officer’s actions carefully.
It is also important to consider any inappropriate behavior by your arresting officer. If your officer violated your rights during your interaction, a court may dismiss your charges altogether. As a general rule, officers of the law are not allowed to break the law in order to enforce the law.
Building a strong legal defense takes time, and each moment that you wait to begin building yours means less time and resources you have to protect your rights and fight against your charges. Waiting too long may mean that you have no access to the evidence against you, which can make a big difference in the strategy you choose to use in your defense.
With a clear understanding of the evidence against you and the legal issues at hand, you can use the law to build your defense, keeping your rights secure while you fight your charges and move forward to a new season in life.