Being charged with a DUI (driving under the influence) can be a daunting experience. However, it is important to remember that breathalyzer results are not always accurate, and there are strategies that can be used to challenge them. In this blog post, we will discuss various strategies for challenging breathalyzer results and building a strong DUI defense in Brooklyn, NY.
1. Understanding the Limitations of Breathalyzer Tests
It is essential to understand that breathalyzer tests are not infallible. There are several factors that can affect the accuracy of a breathalyzer test, including:
- Improper calibration or maintenance of the device
- Medical conditions, such as acid reflux or diabetes
- Environmental factors, such as temperature and humidity
- Interfering substances, such as mouthwash or certain medications
By understanding these limitations, you can better challenge the results of a breathalyzer test and build a strong DUI defense. For more information on the limitations of breathalyzer tests, visit the National Highway Traffic Safety Administration (NHTSA) website.
2. Investigating the Calibration and Maintenance of the Breathalyzer Device
One of the most common reasons for inaccurate breathalyzer results is improper calibration or maintenance of the device. To challenge the results, you can request the calibration and maintenance records of the device used during your arrest. If there are any inconsistencies or irregularities in these records, it could be grounds for challenging the breathalyzer results. Additionally, the NHTSA provides guidelines for the proper calibration and maintenance of breathalyzer devices, which can be used to further challenge the results.
3. Examining the Officer's Training and Certification
Another potential avenue for challenging breathalyzer results is to examine the training and certification of the officer who administered the test. Officers must be properly trained and certified to administer breathalyzer tests, and any lapses in training or certification could be grounds for challenging the results. You can request the officer's training and certification records to ensure that they were qualified to administer the test at the time of your arrest.
4. Challenging the Test Administration Procedure
There are specific procedures that must be followed when administering a breathalyzer test. For example, the officer must observe the suspect for a certain period of time before administering the test to ensure that they have not consumed any substances that could interfere with the results. If the officer did not follow these procedures, it could be grounds for challenging the breathalyzer results. For more information on the proper administration of breathalyzer tests, visit the DUI Justice Link website.
5. Presenting Alternative Explanations for the Breathalyzer Results
Finally, you can challenge breathalyzer results by presenting alternative explanations for the results. This could include medical conditions, environmental factors, or interfering substances that could have affected the accuracy of the test. By presenting a plausible alternative explanation, you can cast doubt on the reliability of the breathalyzer results and build a strong DUI defense.
Challenging breathalyzer results is a crucial aspect of building a strong DUI defense in Brooklyn, NY. By understanding the limitations of breathalyzer tests, investigating the calibration and maintenance of the device, examining the officer's training and certification, challenging the test administration procedure, and presenting alternative explanations for the results, you can increase your chances of successfully fighting a DUI charge. If you are facing a DUI charge and need assistance with challenging breathalyzer results, contact The Mirvis Law Firm, P.C. Our experienced DUI defense attorneys will work tirelessly to build a strong defense on your behalf and protect your rights.