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Breathalyzer testing can be inaccurate: Here’s how

On Behalf of | Jul 18, 2022 | DUI Charges |

If you’ve run into trouble with the law in Stigler, then you should know the importance of having a strong defense. As a part of your defense, you may argue that certain testing procedures weren’t followed correctly or that there were mistakes made that resulted in faulty test results.

One of the most common tests to question is the Breathalyzer test that is used to arrest you. The problem with this kind of Breathalyzer test is that it’s possible for it to be used incorrectly or for it to be poorly calibrated, which could result in you being arrested for a DUI when you shouldn’t have been.

Breathalyzer testing seems fair, but is it?

When you take Breathalyzer testing at face value, it appears to be fair. It seems scientific and like the results would be straightforward every time.

That’s not true, though. Burping during the test, having a medical condition that causes fermentation in the gut, using mouthwash, taking a poorly calibrated test and other issues can lead to a Breathalyzer test being completely inaccurate.

To make sure a test is fair, you should be give more than one test with a specific amount of time between them to check for accuracy. The officer should be trained to give the test, and the machine should be calibrated and maintained appropriately.

Sometimes, these things don’t happen. When that’s the case, you may be able to defend against allegations of drunk driving and protect yourself despite a Breathalyzer test returning at .08% or greater.

You deserve an opportunity to defend yourself

If you are accused of a DUI, it’s your right to protect yourself and your best interests. To do that, you may need to build a strong defense that does look into the validity of the Breathalyzer test and other tests that were performed.

It is possible, in some cases, to get test results thrown out or to point out inconsistencies that do end up helping your case. A good defense may help you get the charges dropped or reduced, so you see fewer penalties and have an opportunity to protect your freedoms.