Unless you have a background in science you might be intimidated when trying to challenge the result of a scientific test. The methodology used and the scientific terms are often times difficult for the layperson to understand, let alone question. So if you have been charged with DUI after having “failed” a breath test, you might be thinking that there is little hope for a good defense. But the truth is breath tests are not as reliable as an arresting officer might have you believe, and successful challenges to the test results can be made in a large majority of cases.
Four common challenges to breath tests in DUI cases that just might work for your case include:
- Challenging the maintenance of the equipment. The equipment used to test the level of alcohol in your system has to be maintained a certain way. You have the right to ask if that happened, and if it did not, the result could be considered unreliable.
- Question whether the test result picked up the existence of any other substance that may give off the same type of reading as alcohol. There are some over the counter medications, and even some prescription medications, that can cause a false positive. If you had any of these in your system at the time of the test, the result could be wrong.
- Attack the way the test was given. Were you asked to blow in short spurts, or one long breath? There is a difference and it is important to look at this part of the testing procedure when determining if the results are valid.
- Were you made aware of your right to refuse the test? Florida has an implied consent law, which basically means that by driving on the roads your consent to submit to the test is implied. But in truth you can refuse, and should be told this is one of your rights.
An experienced DUI defense attorney will look at all of these possible challenges, and any others that your case warrants. If you have been charged with DUI, call us for help. We have helped others fight these scary charges, and look forward to helping you too.
For answers to questions about DUI cases, call an experienced criminal defense attorney today. Skilled criminal defense attorneys in Stuart and the Treasure Coast are here to help you reach workable solutions. Your first visit is a free initial consultation.