If you get arrested and charged with DUI, you may want to challenge the breath test results. There are many ways to do this, and the method you choose will depend on the facts of your DUI case.
Did the police officers have probable cause?
Probable cause refers to the officer’s belief that a crime has been committed and that you are the person responsible for it. For instance, if an officer spots you drinking and driving or observes erratic behavior, they may have probable cause to make an arrest. But if the officer did not witness any DUI behaviors, then they may not have had enough evidence to make an arrest.
Was the breath test equipment in proper working order?
For a breathalyzer test to be accurate, the equipment must be in proper working condition. If the breathalyzer was not maintained or calibrated properly, then the results may not be reliable and can get challenged.
Did the police officer follow proper procedures?
The DUI stop must also have been conducted according to the procedure, which involves reading the DUI suspect their Miranda rights and informing them of the consequences of taking a breath test. If these steps were not taken, then you may be able to challenge the results as well.
Were there any other factors that could have affected your breath test results?
Other factors, such as mouthwash or medication, can also affect your breathalyzer results, making them inaccurate. Therefore, if you consumed anything prior to the test, it could be used as evidence for your DUI defense.
Did the police officer testify in court?
The DUI arresting officer may also need to testify in court. This is important because it gives the prosecution and defense an opportunity to question the officer regarding the DUI stop and breath test. If they made any inconsistencies or errors, then they could be used to challenge the results of the breath test.
Challenging the breath test results of a DUI arrest can get complicated. But with an adequate understanding of DUI laws and the specifics of your DUI case, you may be able to successfully challenge the results and have your DUI charges dropped.