We have all taken tests before, mostly in school and when you are at least somewhat prepared. The way you perform on these tests depends on how much effort you put into studying and how well you can recall what you have read. Another test nearly everyone takes is their drivers test and passing this one is a big deal. There are not many sixteen year olds out there who don’t look forward to this test with anticipation, and a little anxiety. To prepare for your driver’s test you may have taken a driver’s education course and begged your parents to let you practice driving their car. Being able to drive is a freedom like no other, but it can be taken away if you are not careful.
One of the fastest ways to lose your right to drive is to be charged with DUI. This is because with every DUI the driver’s license is suspended. There are steps you can take to regain your right to drive, and you should take quick action if you have been arrested for DUI. But before focusing on what to do about your license, it is good to know how the breath test that is used to determine if you are over the legal limit works, and three common ways the breath test is “flunked”:
- Failing to challenge the way the test was administered can cause you to be stuck with the test results, even when those results may not be accurate. The administration of the test has to be by a trained and qualified official, and if the person who gave you your breath test lacks the proper credentials the results should be attacked as unreliable.
- Failing to ask whether the testing equipment has been properly maintained will also result in having to defend the case with the results at the initial traffic stop. But if you can show the machine was not working properly, then you can likely persuade a prosecutor that the results are not valid.
- Failing to identify other substances that may have caused or at least contributed to the result is also one way to “flunk” the test. If you have other, legal substances in your system (like a prescription) it is possible the result is wrong.
The key is to pinpoint which facts will best help your defense, and then present those facts to the Court. For more help, call our office today. One of our skilled DUI defense will be able to help you.
For answers to questions about DUI defense, 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.