Being pulled over for driving under the influence (DUI) is serious. And while the case may look bleak, you still have defense options that could limit your charges (and possible jail time), with some cases being thrown out completely.
If you were given a breathalyzer test, there are a few ways you can challenge the results. Primarily, you need to prove that the test, or the person giving the test, was unreliable. Today, we will show you how to challenge your breathalyzer test results to have them ruled inadmissible, reducing the evidence against you and hopefully helping to reduce or remove the charges altogether.
1. Faulty Equipment
With breathalyzers being accepted as evidence of driving under the influence, they must be properly calibrated. These devices are required to be maintained, tested, and calibrated to ensure accurate, undeniable proof of an elevated blood alcohol content reading.
If the device has not been properly tested and calibrated, or there is no proof of the testing and calibration, you could have a case against the validity of your BAC reading.
2. Faulty Testing
Even if the breathalyzer was properly maintained and calibrated, the law enforcement official using it might not know how to administer the test, resulting in a faulty reading. Law enforcement officials have to be trained on the use of a breathalyzer (how to read, how to use, how long to blow). If any part of this procedure was administered improperly, you could have a case against the validity of your BAC reading.
3. Non-Appearance For Testimony
According to the 6th Amendment in the U.S. Constitution, you have the right to confront any witnesses against you, including the law enforcement official who gave you the breathalyzer test.
If the officer does not show up to testify against you on your court date (refusing the right to cross-examine), then the results of the test could be withheld from your DUI case.
4. No Cause For Testing
Law enforcement officials have to have probable cause (reasonable suspicion) that you have been involved in the commission of a crime to pull you over. If they pulled you over without reasonable suspicion, then the evidence they collected (Blood Alcohol Content or “BAC” readings) would be inadmissible in court and the case would have limited evidence against you (especially if you invoked your right to remain silent).
5. BAC Rises After You Stopped Drinking
Studies have shown that a person’s BAC will continue to rise well after they have stopped drinking. If you were pulled over and held for a long period of time, your BAC could register significantly higher, you could argue that your BAC would have been within the legal limits if the test were administered in a timely manner.
Schedule a Confidential Consultation with Alabama Criminal Defense Lawyer Tim Fleming
To find out what defense options you have concerning your recent DUI charge, contact us to schedule a consultation. To speak with us confidentially, call us at (251) 304-0888 or use our online contact form.