Nothing is error free, and few things in life happen without mistake. This is true of your kids’ performance at school, it applies to professional athletes, and is even true in law enforcement activities. The sad truth about breath tests is that they are not always accurate. Inaccurate test results can lead to wrongful arrest for DUI, and for this reason it is important to challenge the validity of the test and protect your reputation, right to drive, and criminal record.
Breath tests are administered by people, and people make mistakes all the time. Four common mistakes made when giving a breath test include:
- Improper administration of the test, such as in the instance of the test being given by an untrained person.
- Improper maintenance of the testing equipment, which can lead to false positives.
- Improper calibration of the testing machine, which can cause equipment malfunction and unreliable test results.
- Failure to follow proper testing procedures and observation for the required waiting period time.
In order to identify a mistake in your testing, a proper examination of every aspect of the test must be made. This includes reviewing any videotaped account of the vehicle stop and test administration as well as questioning the arresting officer as to procedure. An examination of the equipment itself is also necessary, and depending on the particulars of your case there may be a need to bring in an expert witness for their opinion on one or more important parts of the test. Our trained staff has experience determining where to start, what to look for, and how to ask for review of the test. Call us today for more information and learn how to effectively defend a DUI.
If you have been charged with DUI and have questions about the breath test results, call our office for help. Contact us today schedule an appointment with an experienced criminal defense attorney in Stuart and the Treasure Coast. The first visit is a free initial consultation.