Being charged with a DUI can have serious consequences, but it's important to remember that you have rights and options. One of the key elements in a DUI case is the breathalyzer test. Understanding how this test works and the potential defenses can significantly impact the outcome of your case. In this blog post, we will delve into the intricacies of the breathalyzer test and explore ten defenses that can help you fight a DUI charge.
10 Defenses to a DUI Charge
A breathalyzer test must be properly calibrated to provide accurate results. If the device used during your arrest was not regularly calibrated or maintained, it can compromise the validity of the test. Our team at The Meranda Law Firm LTD can investigate whether calibration issues may have affected your results.
Even when a breathalyzer is calibrated correctly, it requires proper operation by a trained individual. Mistakes made by the officer administering the test can lead to inaccurate readings.
Some medical conditions, such as acid reflux or diabetes, can produce false positives on a breathalyzer test. If you have a documented medical condition that could have influenced the test results, our team can gather the necessary evidence to support your defense.
Rising Blood Alcohol Concentration (BAC)
Alcohol takes time to be fully absorbed into the bloodstream. If you consumed alcohol just before or during the time of your arrest, your BAC may have been rising, leading to a higher reading on the breathalyzer. We can explore this defense strategy to challenge the accuracy of the test results.
Mouth Alcohol Contamination
The presence of alcohol in your mouth, such as from mouthwash or certain dental procedures, can lead to inaccurate breathalyzer readings. Our experienced attorneys will investigate whether mouth alcohol contamination played a role in your case.
Improper Police Procedure
Law enforcement officers must follow specific protocols during a DUI arrest. Any deviation from these procedures can call into question the validity of the breathalyzer test. Our team will carefully examine the arresting officer's actions to determine if any procedural errors occurred.
Inadequate Observation Period
Prior to administering a breathalyzer test, officers are required to observe the individual for a specific period to ensure they do not consume anything that could affect the results. If the observation period was insufficient, it could undermine the accuracy of the test. We will investigate whether this defense is applicable to your case.
Breathalyzer Manufacturer Defects
Occasionally, breathalyzer devices may have manufacturing defects that result in inaccurate readings. Our team has access to resources and industry associations to identify any known issues with the specific device used in your case.
Chain of Custody Issues
Proper handling and documentation of breathalyzer samples are crucial to maintain their integrity. If there are any chain of custody issues, it can cast doubt on the reliability of the test results. Our attorneys will examine the evidence closely to identify any potential irregularities.
Violation of Constitutional Rights
If your constitutional rights were violated during your DUI arrest, it can impact the admissibility of the breathalyzer test results. Our team will thoroughly review the circumstances of your arrest to determine if any rights were infringed upon.
Contact The Meranda Law Firm LTD For Legal Guidance
At The Meranda Law Firm LTD, we understand the complexities of DUI cases and the importance of a strong defense. Our experienced attorneys are dedicated to protecting your rights and exploring every possible defense strategy.
If you are facing a DUI charge, contact our Columbus, OH office today to schedule a consultation. (614) 707-4239