A drunk driving arrest can be very frightening. After being arrested for DUI, it’s OK to be scared, but it’s important to remember that you have rights. One of those rights is the prerogative to challenge the results of a breath test by considering the following.
The Breathalyzer wasn’t properly calibrated
Usually, the Breathalyzer must be calibrated regularly to ensure accuracy. If the machine wasn’t calibrated correctly, the results may be inaccurate. One sign that the machine wasn’t properly calibrated is if the results are significantly higher or lower than what you would expect. If you suspect that the Breathalyzer hadn’t been properly calibrated, you can ask to see the calibration records for the machine. The records should document the last time the machine was calibrated and by whom.
You may have a medical condition that affects the results
Some medical conditions can cause a person to have a higher blood alcohol content (BAC) even if he or she has not been drinking. One example is diabetes. If you think that you may have a medical condition that has affected the results of your Breathalyzer test, you should mention this to your attorney.
The test may have been administered incorrectly
There are specific procedures that officers have to follow when administering a breath test. If the police officer did not follow these procedures, the test results may not be accurate. For example, if the officer did not wait a certain amount of time before conducting the test or did not properly clean the machine before running the test, the results may be inaccurate.
The arresting officer didn’t have probable cause to arrest you
Police officers must have a valid reason for pulling you over and arresting you, and any criminal defense attorney can tell you that this is one of the most common defenses in a DUI case. If the officer didn’t have probable cause to arrest you, then any evidence obtained after the illegal stop, including the results of a breath test, may be inadmissible in court.
These are just some of the ways that you can dispute the results of a breath test. If you are arrested for DUI, it’s important to carefully consider all your options before making any decisions.