A DWI/DUI charge with a breathalyzer test showing you were over the legal limit can feel like a tidal wave crashing down. Don’t be discouraged by the results – breathalyzer tests are not without flaws and can be challenged in court. Going it alone in a DWI case is risky. The prosecution will have a team working for them, and you deserve an equally skilled advocate in your corner.

A qualified DUI/DWI lawyer near you can be your biggest advantage. These lawyers understand the intricacies of state DWI law and the science behind breathalyzer testing. They can identify potential sources of error in the administration of the test, calibration issues with the device, or even factors that may have influenced your BAC level at the time.

By meticulously examining the details of your case, a local DUI/DWI lawyer can build a strong defense strategy that challenges the breathalyzer test results and potentially leads to a more favorable outcome.

How Do Breathalyzer Tests Work?

In most states, law enforcement relies heavily on giving a breathalyzer test to determine a driver’s blood alcohol concentration (BAC). While these tests serve as significant evidence in DWI arrests, their accuracy isn’t guaranteed. Calibration errors, improper administration of the test, and even individual physiology can all cast doubt on the legitimacy of the results.

This is where a skilled DUI/DWI lawyer becomes crucial. They understand the potential flaws inherent in breathalyzer tests and can exploit these weaknesses to build a strong defense strategy for your case.

What Ways Can I Challenge Breathalyzer Results?

Maintenance Logs

Your local DUI attorney can subpoena breathalyzer maintenance logs. Inconsistencies within these logs can raise questions about the machine’s accuracy.

Medical Conditions

Certain medical conditions can mimic BAC levels. Inform your lawyer of any relevant medical history to see if it could have impacted the test.

Improper Administration

Improper administration of the breathalyzer test can invalidate the results. Your lawyer will investigate if proper procedures were followed during your test.

Calibration Issues

Breathalyzer results can be inaccurate if the machine wasn’t properly calibrated. Your lawyer will examine calibration records to identify potential flaws.

Observation Period

Some state law requires a specific observation period before the breathalyzer test. Deviations from this protocol can be challenged by your lawyer.

Interfering Substances

Certain substances like mouthwash or recent meals can affect breathalyzer results. Your lawyer will explore if any such factors influenced your test.

What Other Reasons Can Be Used To Get A DWI Case Dismissed?

Missing Reasonable Suspicion

For a legal DWI stop, the officer needs a reason to pull you over in the first place. Your local DUI lawyer will challenge the stop itself if there wasn’t probable cause.

Omission of Medical Inquiry

Many states require officers to inquire about potential medical conditions before a breathalyzer test. Your lawyer will investigate if the officer failed to ask about any relevant medical history that could have impacted the test results.

Your DWI/DUI Defense: Your Lawyer’s Role

Examining the Evidence

Your local DWI lawyer will meticulously dissect the evidence used against you. This includes a deep dive into the breathalyzer test results. They’ll request maintenance logs for the machine, training records of the administering officer, and the test’s administration procedure itself. Any deviations from protocol can be crucial for your defense.

Challenging the Breathalyzer

Knowledge is power. Armed with a thorough understanding of your case, your lawyer can challenge the breathalyzer test on multiple fronts. Improper calibration, maintenance, or administration throws the entire test’s accuracy into question. Your lawyer will also explore physiological or environmental factors that might have skewed the results, such as medical conditions or interfering substances.

Negotiation as Leverage

Even if the breathalyzer results remain, a skilled DWI lawyer can use any doubts about their accuracy as a bargaining chip with the prosecutor. This can lead to a reduction in charges or even a dismissal of the case, depending on the specifics of your situation.

Trial Ready

If negotiations fail and your case goes to trial, your DWI lawyer becomes your champion in the courtroom. They will present the intricacies of breathalyzer tests in a clear and compelling way for the jury. By highlighting potential errors, they can cast doubt on the prosecution’s evidence and fight for a favorable outcome.