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Don’t immediately accept breath test results: here’s why

On Behalf of | Feb 10, 2021 | DUI/DWI

Drunk driving allegations have to be taken seriously. If they aren’t, then you could wind up facing penalties that negatively impact your life in a multitude of ways. To start, you might be stripped of your freedom by being forced to serve jail time. Additionally, your license might be suspended or revoked, which can limit your ability to get to your job, your family, and your place of education or worship. Also, the penalties for drunk driving usually also include a hefty fine that can upset your financial stability.

If that’s got you worried, don’t let that fear paralyze you into inaction. Instead, you need to carefully consider the facts of your case and consider whether there are any prosecutorial weaknesses that you can exploit. One place to look is at your Breathalyzer test results. Law enforcement officials and prosecutors tout the accuracy of these devices, and convictions are often based on them.

Yet, the truth of the matter is that these results can be wildly inaccurate. In fact, one study found that Breathalyzer test results can be off by as much as 50%. This could mean the difference between being legally drunk and not. Of course, this margin of error, though significant, doesn’t mean much for those whose test results show very high levels of breath alcohol content. However, it could have severe ramifications for individuals who are acting completely within the bounds of the law.

There may be many additional factors that contribute to inaccurate breath test results. Improper storage and calibration of the device can lead to inaccuracies, and so, too, can failing to follow established protocols when administering the test.

Therefore, you shouldn’t simply sit back and accept the breath test results being used against you as accurate. An experienced criminal defense attorney may be able to help you assess your case and determine the best course of action when it comes to protecting your interest, whether that means challenging the evidence to obtain an acquittal or using it as leverage during plea negotiations.