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Can I fight breathalyzer test results?

When you get arrested for drinking and driving after failing a breathalyzer, it is difficult to believe that you still have opportunities to fight the charges. Fortunately, even when you fail a breathalyzer test, you may still have options. In some cases, you simply have to get creative with building your defense.

In order for the breathalyzer results to hold up in court, they must stand up to scrutiny. You may find reasons to doubt the validity of the results, or to at least cast doubt over them in court. If, in reviewing the details of your arrest, you realize that the device itself was not properly calibrated or maintained, you can challenge the dependability of the results. You may also have reasons to believe that your arresting officer did not use the device correctly, which compromises the results.

It is possible that your arresting officer violated your rights during the stop. Even if the breathalyzer results are accurate, if the officer violated your rights during the interaction, then a judge may throw the charges out. This might be a civil rights violation, like unlawfully searching your vehicle without your permission or probable cause, or may be some procedural issue.

If you received DUI charges, don't wait to build a strong defense to protect yourself, your rights and your future. In almost all cases, it is easier and more effective to ask an attorney to help you fight the charges and build a strong defense. With proper guidance, you can examine your arrest and find its weaknesses, allowing you to build a strong defense to protect yourself and the ones you love.

Source: FindLaw, "5 Potential Ways to Challenge a Breathalyzer," accessed Dec. 19, 2017

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