Fail A Breath Test? Options For Defense In Court
When you're pulled over for suspicion of driving under the influence, the officer is likely to ask you to take a breath test. This is the most common method for law enforcement to confirm your blood alcohol content. It is important to understand, though, that a failed breath test isn't always a guarantee of a DUI conviction. There are ways to defend yourself in court, even against a breath test. Here are several defense options that can help you out.
Improper Test Administration
In order for a breath test to qualify in court, the officer must be able to prove that he or she used it properly. One of the most common defenses in this situation is an inadequate observation time. Before an officer can administer a breath test, he or she has to have some probable cause for doing so. This means that the officer must observe your behavior for some time first. As a result, a lack of observation time is often considered a valid defense against a breath test in court.
Failure to Advise of Medical Exam Rights
You have a legal right to seek an independent blood alcohol test when the breath test is administered. If the officer does not tell you this at the time, that can render the breath test inadmissible in court.
Lack of Maintenance Records
The equipment used for the breath test must be in good working order at all times. The police officer must be able to provide evidence that the machine had been tested recently and was confirmed to be functioning properly. If there is no documentation of the testing and maintenance, the results may be deemed inaccurate and inadmissible.
Disconnect Between Behavior and Testing
If you pass the field sobriety test and there is no other visible evidence of intoxication, you may be successful in arguing that the test was inaccurate. Your criminal defense attorney can help you consider the many factors that could have influenced the test results to see if any of them will fit your situation.
Failure to Disclose Results
You have the legal right to be informed of your breath test results on the spot. If the officer does not give you this information at the time that the test is administered, you may be able to claim that he or she wrongfully withheld information you were entitled to.
You may think that failing a breath test is an automatic conviction. As you can see from the information here, there are ways to defend yourself against it. Talk with a criminal defense attorney, such as someone from Robert E Long & Associates Ltd, right away to find out if any of these defense options may help your case.