29 Oct What are some possible defenses against Breathalyzer evidence?
If you are ever pulled over on suspicion of driving under the influence, it is quite likely the police will have you undergo a field sobriety test. Ultimately, you may be asked to submit to having your blood alcohol content level measured by blowing into a Breathalyzer. Should you take the Breathalyzer test and it indicates that you are legally intoxicated, you may be placed under arrest and issued DUI charges.
Often, evidence culled from a Breathalyzer test is a key element in a DUI case. However, Breathalyzer results do not always provide the prosecution with the evidence needed for a conviction. In fact, there are several possible defenses that could be employed to fight DUI charges that depend on Breathalyzer evidence. These possible defenses include:
- The Breathalyzer test was part of an illegal search. In order to stop and test you, the police must have reasonable suspicion and probable cause to believe you are intoxicated.
- The arresting officer was not properly trained to administer the Breathalyzer test.
- The Breathalyzer was not calibrated correctly. A Breathalyzer that is not calibrated can yield erroneous results.
- The Breathalyzer simply does not produce accurate results. Through research, you may be able to find information that calls into question the accuracy of the particular device that was used in your test. This information may convince a jury or judge that the Breathalyzer is not trustworthy.
These are just some of the possible defenses that could be used in court to counter Breathalyzer evidence. The decision of whether or not to use such defense strategies will likely be contingent on the particular circumstances of a case.
If you are facing drunk driving charges that are at least partially based on Breathalyzer evidence, you may want to have a Maryland criminal defense attorney look into the matter. The attorney could go over the record of your arrest in an effort to find any flaws in the testing procedure that may lead to getting the charges dismissed.