A breath test is usually taken with the use of a breathalyzer machine. Simply speaking, once a suspect has been pulled over, law enforcement will take a breath sample to get an estimate of the blood alcohol content of that person. If their level is found to be over the legal limit of 0.08, law enforcement will arrest the person and charge them with driving under the influence. At certain BAC levels, the charge will be elevated to something with even stronger or more life-altering penalties.
A failed breath test is nothing to take lightly. Law enforcement and prosecutors will utilize this evidence in every way possible to slap the alleged criminal with the harshest penalties possible. This, however, does not mean that if you have failed a breath test that you are without hope. In fact, it has been found that there are several instances in which the results of a breath test can be contested for being faulty.
For example, if the machine that was used to test your BAC was not properly maintained or was improperly calibrated, the results cannot be fully trusted. This can result in skewed results that can falsely incriminate an innocent person.
Another defense that can be utilized for the benefit of the defendant is that there was extenuating factors that would have affected the test. Age, size, burping, vomiting and even heartburn can leave unreliable and faulty test results. Outside interference can also throw off the results of the machine.
If you have been subjected to a breath test that was skewed, faulty or subjected to outside factors that left the result open to error, you should not hesitate to secure the legal assistance of a criminal defense lawyer to help you fight for your just outcome. There are immeasurable defenses that can be taken against a breath test to get the evidence thrown out in the court.
Even if there is reason to believe that the police officer who administered the test was not properly trained, the test results cannot and should not be used against you in a criminal case. The right lawyer will understand this and will use every resource available to them to help you protect and defend your best interests.
You cannot afford to be flippant with your future if you have recently been criminally charged with a DUI. You will be fighting an uphill battle and will be against some daunting circumstances that can be difficult to overcome. The legal aid of a criminal attorney is an invaluable asset at a time such as this.
By combing through the case with a fine tooth comb, the right lawyer will pick up on the individual nuances that will best be suited to building a case. Success is often in the details and it takes an exhaustive, tireless approach to ensure that you are being given the best possible chance of success. Therefore, do not waste another moment. As soon as you can, secure the legal representation of a criminal defense attorney that you can trust and learn more about how the right lawyer will help you fight and defend your freedom in every way possible.