Accusations of driving under the influence (DUI) offenses can lead to numerous challenges. People may spend the night in jail. Those arrested on a Friday might spend the entire weekend in state custody before they secure their release. They then face charges that could carry an assortment of different penalties depending on the circumstances. The courts can incarcerate drivers, order them to pay fines and suspend their licenses.
Those who regularly enjoy alcohol may need to have a plan in place to protect themselves from unfair prosecution. One of the ways that people try to avoid DUI charges is by carefully monitoring themselves for warning signs of chemical intoxication. Some people may even carry a personal breath test device or pay to use a device at a bar or restaurant. Those actions do not necessarily eliminate the risk of DUI charges.
Breath tests aren’t always accurate
People tend to put a lot of faith in chemical testing, but not all test results are actually reliable. Numerous factors can compromise the accuracy of breath test results, especially in scenarios where people use a personal testing unit.
They may have failed to calibrate the device or install software updates. The device could then return inaccurate results. They may also test themselves too soon after they finish drinking. An individual’s blood alcohol concentration (BAC) may continue to rise for some time after their last drink. They could pass a test before leaving the bar and then fail a test administered 20 or 30 minutes later by a police officer during a traffic stop.
The unfortunate truth is that for some people, a personal breath test gives them a false sense of confidence before getting behind the wheel. Passing a test before a traffic stop does not prevent a police officer from arresting a motorist for an alleged DUI offense. That being said, testing records could help support a driver’s claim that they made reasonable efforts to comply with the law and believed that they were safe to drive.
Anyone facing DUI charges may need to talk the situation out with a skilled legal team to determine what defense strategies they may have available. Fighting DUI charges often begins with a review of the evidence the state intends to present at trial.