Drunk driving charges can set off a chain of events that can dramatically impact the accused driver’s personal and professional lives. It can be difficult to defend against these charges, but it can be done.
Defense strategy
One defense strategy that is often effective is to work against the evidence of a chemical breath test, or breathalyzer.
There are several ways to challenge the evidence of a breathalyzer test. One common method is to allege that the test itself was not reliable. Breathalyzer tests do not always produce accurate results for a variety of reasons. One example is a problem with the device itself. If the breath test was not properly calibrated or maintained before use, it will not give reliable results, and so this evidence should not be used in court.
Additionally, if the arresting police officer did not meet the necessary legal standards to conduct the traffic stop and administer a breath test, it may be possible to seek to have the breath test excluded as evidence.
Likewise, if the arresting officer does not testify in court, this may violate the accused driver’s rights and may lead to the breathalyzer test being tossed out. Lastly, if the police officer lacked appropriate training or did not follow their training when performing the breathalyzer test, it may be possible to argue it is unreliable.
Oftentimes, a breathalyzer test forms the basis of DUI charges which is why challenging them can be an important part of any DUI defense and potentially having the charges dismissed.