If you want to fight a DUI based on a breathalyzer test result, there are several steps you can take. The most common evidence the Police use to arrest you on a DUI charge is the breathalyzer test. Along with this test they will observe your behavior and perhaps administer a field sobriety exam. When administered absolutely correctly the breathalyzer is a somewhat reliable piece of evidence for the state. The problem the State has is that its common for them to make mistakes associated with how they do it. Read on to learn a little about some defenses available to you to fight and win a DUI based on a breathalyzer:

Challenge The Accuracy of The Breathalyzer:

Breathalyzer machines can sometimes produce inaccurate results due to various factors such as improper calibration, malfunction, or operator error. Your attorney may investigate whether the breathalyzer used in your case was properly maintained and calibrated according to state regulations. They may also question the qualifications and training of the officer who administered the test.

Question The Validity of The Stop:

This can be the best way to challenge a case. Of course the Police are very good at trying to find probable cause for the stop, but an attorney can challenge this. If we win arguing the stop is illegal, the case is over. This is called the fruit of the poisonous tree. If the stop is not based on probable cause it violates your civil rights. If the court agrees and rules the search is illegal, then all the evidence is inadmissible as a result .

Challenge The Field Sobriety Tests:

If you were the subject of field sobriety tests before the breathalyzer test, your attorney may question the validity of those tests too. Field sobriety tests are subjective. This means their influence happens by factors such as weather conditions, road conditions, and the physical condition of the person receiving the test. This test consists of many different components. They include the walk and turn, the horizontal gaze and the one leg stand. This is a far more subjective test then the breathalyzer. Being subjective makes it easier to challenge in court.

Question The Chain of Custody:

Your attorney may challenge the prosecution’s ability to establish a proper chain of custody for the breathalyzer results. They may question whether the breathalyzer sample was properly handled and stored from the time it was collected until it was analyzed. This practice is all about creating reasonable doubt in the eyes of the jury. Juries don’t like it if procedures designed to protect evidence is not followed.

Present Alternative Explanations:

Your defense attorney may present alternative explanations for the breathalyzer result, such as medical conditions or substances other than alcohol that could have affected the test outcome. This is part of arguing a case. There are several things that go together to make a case. If you suffer from conditions that are a legitimate, they can be useful when trying to influence a prosecutor or jury if need be.

Seek Expert Testimony:

Your may enlist the help of expert witnesses, such as forensic scientists or toxicologists, to challenge the reliability of the breathalyzer test or to provide alternative explanations for the results. If it needs to go to trial you can bet the State is going to present expert evidence pertaining to the use of the breathalyzer. We have to be able to have a rebuttal against their evidence, and this only happens with other expert opinion.

Negotiate a Plea Deal:

In some cases, it may be in your best interest to negotiate a plea deal with the prosecution to reduce the charges or penalties associated with your DUI arrest. This is a part of every case a good lawyer does. Sometimes the evidence is overwhelming. Still other times the deal we negotiate is just good enough that settling the case with either a deferred or suspended plea is best.

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Creek County DUI Lawyers In Your Corner

It’s important to act quickly after a DUI arrest to preserve your rights and explore all available defense strategies. Consult with a knowledgeable DUI defense attorney who can evaluate the specifics of your case and advise you on the best course of action. For a free consultation with one of our Creek County DUI attorneys call us today at 918.209.3709