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Breathalyzers are not always reliable

Breathalyzer devices are so commonly used in law enforcement these days that many people do not realize that their readings are not always accurate. Considering how serious the penalties for a DUI conviction often are, it is surprising that breathalyzer results do not receive scrutiny more regularly.

If you or someone you know recently received DUI charges based on Breathalyzer results, you have some important work ahead of you to build a strong defense. You may think that the evidence against you is too strong to fight, but there are almost always more legal options to defend yourself than you may realize. Even if you cannot beat the charges entirely, you may have opportunities to reduce your sentencing and keep your rights protected.

Device calibration and maintenance

Breathalyzers are not static measurement devices like rulers or measuring cups, but, rather, are more like the fuel gauge in your car. While it may provide accurate readings with proper maintenance, it may fall out of calibration and indicate you have more or less gas in your tank than you actually do.

While this is annoying in the case of a gas gauge, it is serious when it comes to criminal charges unfairly filed against you. If, for any reason, you believe that the device did not receive proper calibration before your reading, you may have grounds to claim that the results are not valid.

Officer errors and conduct

Even a well-calibrated and maintained device may produce inaccurate results if the officer who administers the test does not use the device properly. You may find that the officer's error is enough to dismiss the charges, but even if there is no error in the results, the officer conduct itself may prove useful.

If the officer acts in a way that violates your rights, then you may have grounds to toss the charges based on that violation. Officers of the law have a duty to uphold the law, and may not break the law in order to do so.

Be sure to consider all the ways you can attack these charges and protect your rights and privileges using the strength of the law.

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