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How to contest the results of a breath test

On Behalf of | Nov 30, 2022 | Blog, Drunk Driving Charges |

Driving under the influence convictions can have lasting effects, including increased insurance rates and denied job applications. If you are facing DUI charges, fighting those charges may be your best chance. There are many misconceptions out there that a DUI charge results in an automatic conviction, but that is not the case.

There are options for defense even when you fail a breath test.

Was the equipment properly maintained?

A breath test is only accurate when the officer uses well-maintained equipment. Maintenance logs detail the service schedule to support each machine’s accuracy. If evidence shows that the device was not calibrated and maintained, you may beat the charges.

Did the officer receive training?

Some inaccurate readings occur due to improper testing administration. When an officer is not trained to use the device properly, it often results in incorrect results. Your lawyer can help you investigate the officer’s training and history.

Was the testing delayed?

If your traffic stop took a prolonged period, the testing result you receive could reflect additional alcohol absorption. In those cases, if your reading was close to the legal limit, you might argue that you were under the limit until the delay of the traffic stop allowed for additional absorption and increased blood alcohol content.

The fines associated with a DUI conviction are significant, as are the long-term consequences. Fight the charges whenever possible to reduce the risk of a criminal record. The more information you have from the start, the easier it is to defend yourself in court.


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