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2 strategies for challenging your Breathalyzer test result

December 24, 2021 – David W. Foley – Drunk Driving

Criminal Defense Lawyer in Colorado Springs | Call 719-757-1182

Driving under the influence of alcohol (DUI) is a serious offense in Colorado, just as it is in all the other states. Thus, if you are convicted of a DUI, you will definitely be in for serious penalties. However, to prove their case against you, the prosecution must have sufficient evidence.

A Breathalyzer test result is one of the key pieces of evidence the prosecution may use against you in court. This test measures your blood alcohol content (BAC) level at the time of your arrest. However, the Breathalyzer test result is not always right. With adequate evidence, you challenge the validity of your Breathalyzer test result and have your DUI charge dropped.

Here are two strategies you can use to challenge your Breathalyzer test result.

Lack of probable cause for arrest

In order to conduct a traffic stop, the law enforcement officer must be reasonably satisfied that you are driving under influence. And to execute an arrest, they must have “probable cause” to believe that you do have a case to answer. If the police do not have reasonable suspicion or probable cause to arrest you for DUI, then you can exercise your right to challenge any evidence provided against you in court, and that includes your breathalyzer test result.

Issues with the device

To produce accurate results, the Breathalyzer equipment needs to be properly calibrated. If this does not happen, it would be difficult to determine your exact BAC level at the time of arrest. The same applies if the equipment has defects. If you can convince the court that the Breathalyzer equipment was not properly calibrated, or had defects, then the evidence tabled against you may be dismissed by the court.

A DUI charge does not automatically guarantee that you will go lose your driver’s license, pay a fine or go to prison. You can indeed challenge the Breathalyzer test result and weaken your case or have it dropped altogether.

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