Breathalyzer tests are administered during traffic stops or at the scene of an accident to test a driver’s BAC (blood alcohol content). They are important devices that let a law enforcement officer gauge how intoxicated a person is. If the driver blows over a 0.08 they are over the legal limit to operate a vehicle and can be arrested. If you were arrested for a DUI based on the results from a breathalyzer test you may be able to dispute the evidence with the help of a York County, PA DUI attorney. Contact a lawyer for more information today.
Should I Hire a Lawyer for My DUI Case?
Hiring a lawyer is strongly recommended for anyone who is being charged with a DUI. Even if you believe that you do not need representation, having a professional advocate can be the difference between a conviction and walking free.
Your attorney will be equipped with extensive knowledge of the law which will come in handy during your case. They can help you navigate the legal process, advise you on your rights, and fight to minimize the penalties and consequences you are given. Several defenses have been proven viable in a DUI case. Your lawyer will evaluate the details of your situation and assess which defense will be most effective in your case.
When Can a Breathalyzer’s Results Be Challenged?
When you are being charged with a DUI there may be an abundance of evidence against you, but in many cases, the prosecution’s biggest advantage is the results of a breathalyzer. If you and your lawyer can prove that the breathalyzer is not accurate or cast a shadow of doubt on its reliability, you could have your charges reduced or your case dismissed. The following are some defenses that can be used to dispute the results of a breathalyzer test. You could argue that:
- The officer was not licensed: Law enforcement officers must be certified to administer a breathalyzer test. Your attorney can look into whether or not the arresting officer has the proper training to give the test. If they do not or if their license lapsed you could argue that the test may not have been administered correctly.
- The breathalyzer was not calibrated: Breathalyzers must be calibrated regularly to guarantee that they are functioning properly and reading samples accurately. If you check the calibration records and find that it has not been calibrated in some time it could be grounds to dismiss the evidence.
- The breathalyzer was not certified: Monthly inspections must take place by authorized personnel to certify the device. If the breathalyzer is behind on its certification the evidence could be deemed inadmissible.
- The sample was compromised: Many factors can impact the reading of a breathalyzer. If you burped or vomited before taking the test it could change the reading. Any lingering mouthwash, medication, inhaler, breath spray, or mint could also cause the reading to show a higher BAC.
- The traffic stop was illegal: If you took a breathalyzer test after being pulled over in an unlawful traffic stop it could be a strong defense. If you can prove that the arresting officer did not have a reasonable suspicion to stop you then the case could be dismissed.
