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Can I challenge breathalyzer results?

Receiving DUI charges after failing a breathalyzer test is a difficult experience, especially if it is your first time receiving these charges. Many suspects in this situation shrug and assume that they have no useful legal options because of the strength of breathalyzer evidence. However, this type of evidence is not always as infallible as it may seem in movies or on television.

If you recently received DUI charges, remain calm and consider your options carefully. Whatever you choose to do moving forward, you should attempt to build a legal defense. Without some kind of defense, you have very little hope of dismissing the charges against you or lessening the punishment if convicted.

It is usually wise to enlist the help of an experienced attorney who understands creative defenses to DUI charges. With professional guidance from an attorney, you can focus on keeping your rights protected under the strength of the law.

Breathalyzer test weaknesses

Breathalyzers are very impressive devices, but they are not magical or supernaturally accurate. Like any other device you might use to measure something, it can deviate in the accuracy of its results over time. This is usually due to one of three reasons

  • the device falls out of calibration
  • the device is not properly maintained
  • the officer does not use the device properly

If you have any reason to believe one or more of these issues affected your results, this may serve as grounds to challenge the results and possibly throw out the charges altogether. Furthermore, even with proper maintenance and calibration, breathalyzers may not always produce completely accurate results. Some suspects facing DUI charges for exceeding the legal limit slightly may successfully argue that the results are too close to the line to prove dependable.

Other violations during the stop

Misusing a breathalyzer is not the only way an officer's conduct may affect your charges. If the officer who arrested you violated your rights in some other way, even if the results of the test are ostensibly valid, you may successfully challenge the charges on these grounds.

While proving such a violation is not always simple, it is important to stand up against unfair law enforcement that does not uphold the whole law, for yourself and for others who suffer unfair charges.

Be sure to seek out all the guidance you need to build a strong defense against DUI charges and protect your rights and privileges.

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James E. Farmer P.A.

3475 Leonardtown Road, Suite 200
Waldorf, MD 20601

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Phone: 301-965-0630
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As Seen on Crime Watch Daily with Chris Hanson

As Seen on Crime Watch Daily with Chris Hanson