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October 17, 2022 – David W. Foley – Drunk Driving

A Failed Breathalyzer Test Does Not Mean An Automatic Conviction | Colorado Springs, CO

Many people think it’s an open-and-shut DUI case after failing a Breathalyzer test. However, there is more than meets the eye. Breathalyzers are not infallible gadgets, and they might be wrong at times.

The mere possibility that your Breathalyzer test results could be inaccurate means a lot for your DUI case, where a conviction requires proof of guilt beyond a reasonable doubt, since blowing above the legal limit means that the state has “per se” proof that you were drunk driving.

How can a Breathalyzer test deliver the wrong results?

Many things could lead to false Breathalyzer results, starting from how it was administered to a faulty Breathalyzer device.

Similarly, pre-existing medical conditions like diabetes or medications containing alcohol can also trigger an incorrect reading. The timing of the test also matters. When there is a considerable delay or if the test is conducted too soon, traces of alcohol in your mouth can affect the results.

Finally, there is the question of whether the police conducted the Breathalyzer test within the confines of the law.

Unreliable Breathalyzer results may be inadmissible in court

Suppose you successfully challenge the accuracy or legality of your Breathalyzer test results. The court may exclude such evidence from your trial. When this happens, it could sway the odds in your favor if the prosecution relied on the test results as key evidence.

It helps to understand how the law works and what you can do to defend yourself in the face of drunk driving charges instead of resigning to fate and bearing the consequences of a conviction.

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