Can You Trust the Validity of Breathalyzer Results in Arizona?
Hiring a DUI Defense Attorney To Challenge The Credibility Of a Breathalyzer Test
If you are pulled over on suspicion of driving under the influence, the police officer is likely to give you a breathalyzer test. You will be asked to blow into the machine, which will then calculate how much alcohol is in your system. If the machine shows that you have a blood-alcohol content of .08 or more, you will be arrested for driving under the influence.
You may feel that a damning breathalyzer result will be the end. You may feel like a DUI conviction is inevitable. However, any good Mesa DUI defense attorney will tell you that a breathalyzer result is not all that it takes to convict you, and the results of the test are not always conclusive. Here are just a few of the grounds that your Mesa DUI lawyer may be able to use to challenge the results of a breathalyzer test:
The Machine Was Improperly Calibrated
Breathalyzer machines have to be tested periodically and calibrated to ensure that they are measuring blood-alcohol levels properly. But this testing doesn’t always take place on time, and not all machines are calibrated properly even when they are tested regularly.
One of the first things your DUI defense attorney in Phoenix may look at in your defense is finding out whether the breathalyzer machine was properly tested and calibrated. Law enforcement officials are not always forthcoming with this information, so your attorney may have to take many steps and file many motions to get it.
There Were Errors in the Software
The machine must work properly to get an accurate blood-alcohol level result, but the software that runs it must also run properly. Any errors in the software can cause the machine to malfunction, including producing an inaccurate result that could lead to an improper arrest and a conviction with consequences that can follow you for years.
Your Phoenix DUI attorney may have the software used on the breathalyzer machine analyzed to determine if it was working properly. Again, this may require filing a motion to get the machine or the software. Then your attorney will hire an expert who can properly evaluate the software and provide the needed evidence of any error to cast doubt on the charges against you.
The Officer Used the Equipment Improperly
Human error is a potential component in any situation. When it comes to technology, there may be an impulse to blame the machinery or the software powering it, but the problem could actually be the person operating the equipment. The problem with your breathalyzer test may have been that the officer who administered the test did not use the equipment properly.
Proving human error can be a bit trickier than proving machine error. The evaluation can be a subjective one, and it can be difficult to get evidence. However, your attorney will look closely at the case and pull together whatever evidence may be used to prove the claim. Examples may include officer cam footage, information from the arrest report, or eyewitness testimony.
Being charged with DUI does not mean that you will be convicted of DUI. Do not feel hopeless if you failed a breathalyzer test or you feel there is other irrefutable “evidence” against you. Call a DUI defense attorney in Mesa as soon as possible after your arrest and start exploring your legal options. Your attorney may be able to challenge the credibility of the breathalyzer test or may look at other evidence that can be challenged. Your attorney may even be able to challenge any witness testimony that is available in the case. Your attorney will explore every option for weakening the case against you and helping you to avoid conviction.
Call My AZ Lawyers in Phoenix today if you have been charged with driving under the influence. The consequences of a DUI conviction can stay with you for years, making it harder for you to get a job and many other things. Our DUI defense lawyers are committed to fighting to protect your record so you do not have to struggle with this future. We’ll look at all evidence or testimony available in the case and develop the best legal strategy to cast doubt on or weaken the case against you. Call us today to meet with a Mesa DUI lawyer and start learning about your options.
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