When stopped for suspicion of a DUI, the main fear of the driver is usually, the Breathalyzer. Who truly knows what, if anything other than alcohol can affect the reading? Aside from that, who knows if even one drink, depending on your biology, can seal your fate? So the question remains, can the Breathalyzer be wrong, or at the very least, challenged?
As with any mechanical device, there is always a potential for failure, and a Breathalyzer machine is no different. However, proving it is a broken machine, may be much more difficult than having the reading excluded in the first place. If a Breathalyzer reading is the main source of proof, looking into the mechanics, operation and certification of the machine may be well worth your time.
Breathalyzer machines must be in proper working order and certified accurate for a reading to place guilt. There are aspects of the machines operation, such as calibration and maintenance that are often used to argue accuracy. Even if certification of the machine is present, and that machine can be considered in proper working order, the administrator of the test must also be certified. Officers are expected to be properly trained to administer a Breathalyzer by way of recertification every few years. If any of these operational requirements are lacking, so may be a proof of guilt.
Drunk driving cases are multifaceted. With so much riding on a conviction, it is usually in the best interest of the alleged DUI offender to seek proper counsel. An experienced attorney will be able to identify certain aspects of the charge that should not be used to prove guilt. Understanding the law and the facts behind the charge may help stop a conviction in its tracks.
