In most cases where the state charges someone with a driving under the influence (DUI) infraction, the prosecutor’s case largely relies on a chemical breath test. Evidence that someone had a blood alcohol concentration (BAC) over the legal limit can lead to criminal charges even when that person didn’t display impairment while driving.
Sometimes, drivers who failed breath tests believe that the tests were inaccurate. You believe that you were sober or that you didn’t have enough to drink to fail a chemical test, and you may want to challenge the breath test the prosecutor intends to use in your case. When do drivers have the grounds to fight back against a failed breath test?
When there are issues with maintenance and calibration
For police officers to obtain accurate readings from chemical test units, they need to frequently calibrate the device and maintain it in accordance with the manufacturer’s instructions. Maintenance may include installing software updates. When there are gaps in the maintenance records for the device used during your testing, you may be able to challenge the results of the test.
When you were verifiably sober
If you get pulled over on your way back from jury duty or a 12-hour shift at a retail shop, there could be official records or even business security camera footage affirming that you were fully sober just moments before the traffic stop.
When there is no obvious explanation for why you failed the test and yet the results are completely wrong, you may need to challenge the overall accuracy of breath testing. In recent years, concerns about false positives produced by chemical breath tests have led to some judges and jurisdictions becoming far more skeptical about cases where the only evidence of impairment is a failed breath test.
When you have a medical explanation
Do follow a keto diet to reduce your body fat percentage? Do you have type two diabetes that doesn’t yet require insulin or asthma?
There are numerous medical conditions that might result in a fault positive on a breath alcohol test and other conditions that require medication that could create a false positive result. If you have medical records affirming that you take a certain prescription or have a specific condition, that could help you raise a reasonable doubt in court.
Looking at different criminal defense options can help those who want to fight back against upcoming DUI charges.