Beat a DUI: Faulty Testing Equipment

In a DUI case, the most critical piece of evidence used against a defendant will be his or her blood alcohol content immediately following the arrest. Field sobriety tests, which include breathalyzer results taken at the scene, are highly subject often based solely on the discretion and observations of an arresting officer. Furthermore, breath tests are present a whole other facet of unreliability as well. In order to certify blood alcohol results, thus showing a driver was in fact driving under the influence of alcohol, most DUI arrests will involve a chemical test taking blood samples from an arrested driver. In all cases, the conviction will likely hinge on the reliability of the blood or breath testing equipment used in a given arrest. Without this information, in most cases, prosecutors face an uphill battle in proving the requisite elements for obtaining a DUI conviction.

Issues with Breath Testing Equipment in DUI Arrests

One of the most heavily used, but also notoriously unreliable, methods of obtaining a driver’s blood alcohol level, and in turn, generating cause for arrest, are breath test results taken at the scene of a traffic stop. Depending the jurisdiction of arrest, the specific model of breathalyzer used, and most importantly, the maintenance and accuracy testing of the specific breathalyzer used in an arrest, there may be room to dispute the accuracy of the breath test itself. False or erroneous readings on a breath test administered by law enforcement may be caused by some or a combination of the following:

• Certain medical conditions, as well as prescription or even over the counter medications, can results in inaccurate or wrongly elevated blood alcohol readings

• Failure of law enforcement to administer the breathalyzer is a common issue in DUI cases, which may cause inaccurate results. These issues may revolve around failure to calibrate, failure to maintain, or just general failure to properly administer at the scene of a traffic stop

• Certain environmental elements, such as smoke, smog, tobacco smoke, high humidity, and even interference from electronic devices, have been known to cause inaccurate breath test results as well

• Any substance in the driver’s mouth, or having been recently in the driver’s mouth, will influence the breathalyzer test and provide inaccurate readings. These inaccurate readings can also be caused by burping or belching.

Issues with Chemical Testing Equipment in DUI Arrests

The issues and accuracy of breath tests are well known to law enforcement and prosecutors. In turn, most law enforcement agencies will administer blood tests following an arrest to confirm the specific blood alcohol content of a driver. From the start, issues contesting the validity and accuracy of these tests come up:

• The blood test is administered after the fact, and in turn, a driver’s blood alcohol content taken at the police station will never reflect his or her level of impairment while driving, save for rare cases

• Numerous medications, medical conditions, and other factors will greatly influence the results and even ability to take a blood alcohol chemical test

DUI Arrests Not Involving Alcohol

In certain cases, a driver may face DUI charges relating to the use of legal or illegal substances while driving, which at the time of arrest, per the officer’s observations, impaired the ability of a driver. These cases hinge on highly subjective observations of law enforcement at the scene, and more notably, how each state addresses the presence of certain substances in a driver’s system, which may or may not be indicative of impairment at the time of the arrest, and DUI laws.

Getting Legal Help with DUI Cases Involving Faulty Testing Equipment

In short, the only definitive method of defending a DUI case will be through a DUI lawyer. Not only can a DUI lawyer probe the validity and accuracy of chemical or breath test results, but also, a lawyer can question the legality of the arrest in the first place, as well as numerous other case-specific issues, which may ultimately result in dismissal or reduction of charges faced by a driver. Consult with a DUI lawyer to learn more about your legal options, possibilities for defense, and how to defend to your DUI case.