When the state wants to charge you with a criminal offense, it needs evidence. In drunk driving or driving under the influence (DUI) cases, chemical breath tests are often crucial evidence for the state.
They will rely on the results of these tests to convince judges and juries that someone was obviously under the influence while out on the road. Challenging chemical breath test results is a common defense strategy for those fighting back against DUI charges.
What are some of the situations that might lead to a successful challenge against breath test evidence?
When you know that you were sober
As strange as it may seem, the best reason to fight back against the breath test is that you know the results were wrong. If you only had one beer or if you didn’t drink it all but a chemical test shows that you were over the legal limit, challenging the validity of the test results could be a winning defense strategy.
Although breath tests can be useful tools, they can also produce false positives and inaccurate results that might lead to the arrest and conviction of innocent people.
When state records show an issue with the testing unit
For a breath test to return reliable results that could serve as evidence in the criminal courts, the police departments using the device will need to maintain the unit.
Calibration to ensure the accuracy of chemical readings and even software updates are sometimes necessary to keep the devices and proper functioning condition. Reviewing the state’s records for the maintenance of the device could give you grounds to challenge the accuracy of the test results.
When you have clear medical evidence
Some people fail chemical breath tests and even field sobriety tests because of medical conditions. Health issues like diabetes, mental health issues like anxiety, weight loss diets or even certain prescription medications could affect the accuracy of a breath test. If your medical record affirms any of these complicating factors in your personal history, that could give you grounds for a defense.
Exploring common strategies used to fight DUI charges can help you avoid a conviction and the consequences it could have on your life.