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Fail a Breathalyzer test? You may have defensive options

On Behalf of | Sep 18, 2019 | Drunk Driving |

Failing a Breathalyzer test can feel like a one-way ticket to a conviction, and for many drivers, it is. However, there are often ways to challenge Breathalyzer results or find other weaknesses in drunk driving charges.

Here in Florida, drunk driving charges mean a suspension of the driver’s license, and the driver only has a short window of 10 days to appeal this suspension. No matter what circumstances led to your drunk driving charges, the sooner that you begin building your defense, the better. It is impossible to know which legal options you have available to defend your rights and freedoms until you begin this process, and you may find that you have more options than you realize.

Breathalyzer accuracy

Many of us assume that Breathalyzer devices provide accurate results every time. We see this depicted in films and on television shows, but this is not the case. Breathalyzers require ongoing maintenance and calibration to produce reliable results. It is entirely possible that your sobriety test involved a Breathalyzer that was not properly calibrated or suffered from some other internal malfunction. When your future depends on the accuracy of these results to hundredths of a percentage point, it is always wise to question calibration and maintenance.

It is also possible that the officer who performed your sobriety test did not use the device correctly. While this is not a common occurrence, it does happen, and it is important to scrutinize every aspect of your interaction with the officer to find weaknesses in the case against you.

Consider the conduct of your arresting officer

In recent years, we have seen many examples of misconduct by police officers in the news, and even small violations of a suspect’s rights deserve careful consideration. Broadly speaking, police officers should not violate the law to uphold the law, so it is appropriate to examine the conduct of your arresting officer as you build your defense.

In some instances, an officer’s conduct may impact the opinion of a court, particularly if the officer violated your rights during your interaction. As you review each part of your interaction, pay special attention to the actions of the officer and any violations that potentially occurred. In most instances, officers perform their jobs properly, but careful scrutiny can help build a strong defense, and you don’t want to leave any legal tools on the table when it comes to fighting drunk driving charges.

Begin defending your freedom today

Fighting drunk driving charges can feel hopeless, but there are many ways to protect yourself if you act quickly and make your defense a top priority. Careful review of all the relevant facts in your case takes time, so be sure to use all the legal tools and guidance available to keep your rights secure.


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