Did you fail a breathalyzer? The results may not be accurate

A cop recently pulled you over on suspicion of drunk driving. You took a breathalyzer-and you failed. Now, you face criminal charges for DUI or DWI. You probably feel fear-stricken by the consequences that a conviction could have on your future. Fortunately, your case is not over yet: breathalyzer tests are not always accurate, and you still have a chance to avoid a conviction.

What makes a breathalyzer reading inaccurate?

Breathalyzers are imperfect tools that do not guarantee accurate readings. This may be due to:

· Mechanical defects: Some breathalyzer devices may have an inherent defect. For example, one man in Ohio recently blew a reading so high that the device could not analyze it. The result was clearly inaccurate, and was inadmissible in court.

· Calibration: A breathalyzer device must also be properly calibrated to provide an accurate reading. If the officer administering the breathalyzer did not calibrate it, the reading could be off. The prosecution has the burden of demonstrating that the device was calibrated correctly-if not, the results could be thrown out.

· Improper administration: Finally, a police officer's lack of training or improper handling of the breathalyzer device may cause inaccurate results. If you and your attorney can effectively demonstrate that the officer administering your breathalyzer test did not handle it properly, the court may deem the reading inadmissible.

What to do if you failed a breathalyzer

Right now, you may feel hopeless. However, no DUI or DWI case is open-and-shut. It is possible that the reading from your breathalyzer exam is not correct. Even if you blew a BAC over the legal limit of .08, you may still have the defense that the result of your breathalyzer is inaccurate or inadmissible as evidence.

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