You might be surprised to know that DUI cases are anything but cut and dried. While blowing over the legal limit for your state into a Breathalyzer may make you convinced that you're guilty so you start to accept that you'll receive a serious punishment, you should continue to think about your innocence. A DUI attorney will tell you that even with a Breathalyzer reading that suggests your intoxication, you can beat the case. To do so, you'll need to think back to the time that you were pulled over, tested, and subsequently arrested by a police officer. If the following Breathalyzer issues were present, your attorney may be able to successfully fight the case.
The Officer Gave You The Breathalyzer Immediately
A police officer not only needs to have probable cause to pull you over for a suspected DUI offense but also needs to have probable cause to give you a Breathalyzer test. The officer can't pull you over and immediately tell you to get out of the car and blow into the device. Rather, he or she needs to talk to you and get a sense that you're under the influence of alcohol before administering this test. You may have a legitimate way to fight the charge if you were given the Breathalyzer immediately.
The Officer Gave You Multiple Tests
You may also have a legitimate reason to fight the DUI case if the officer who pulled you over gave you a series of Breathalyzer tests before one gave a reading that indicated you were over the state's legal limit. For example, perhaps the office gave you one Breathalyzer that you passed, but instead of allowing you to continue on your way, he or she decided to administer the test again. Frequent tests can raise some red flags, given that the test is designed to be administered once. Your attorney may be able to successfully fight this scenario for you.
There Appeared To Be Technical Issues
Try to recall if there appeared to be any technical issues with the Breathalyzer test. Your attorney may argue that if there were any issues that appeared to be evident, the validity of the test should be disregarded by the court. For example, you might recall that the police officer muttered something about the Breathalyzer machine not working or perhaps appeared to make adjustments to it. These instances don't necessarily mean that the officer was attempting to make you fail the test, but they do certainly call into legitimacy the validity of the test.
For more information, work with a local DUI lawyer.
