When it comes to DWI’s, a failed breath test can really hurt your case. But does that mean you’re guilty, with no chance of fighting it? While it may seem that way, that’s not actually true. In fact, here’s a few failed breath test defenses that may apply to your case.
Failed Breath Test: Can You Defend It?
Improper Use
One way to approach a failed breath test defense to is question the tester. When an officer stops you and suspects you of drunk driving, he should administer a breathalyzer. This device will measure your blood alcohol content and produce your BAC reading. Therefore, the officer handling the device should have the proper training in order to do so. In the event that he does not have the right training and possibly issued the test or handled the device incorrectly, then the court may dismiss your breath test.
Device Malfunction
If the actual breath test device isn’t working properly, then it may give you an inaccurate reading. Therefore, resulting in a failed breath test. So in order to avoid this, the device must be functioning correctly and giving accurate readings. If it’s not, this may serve as a failed breath test defense and the court may dismiss this evidence.
No Probable Cause
In order to even pull you over, an officer must have probable cause. That means, he must have adequate reason to stop you. He must have reason to believe you committed or are going to commit a crime. In the case of a DWI, erratic driving can serve as probable cause. If you were swerving, braking too little or too often, unable to regulate your speed, all of these can work as probable cause. However, without this or some other reason, an officer cannot pull you over. Therefore, your breath test should’t have ever happened and the court may dismiss it.
As you can see, just because you failed a breath test doesn’t mean your case has no hope. In some cases, the events leading up to a breath test may not be legal and accurate, which makes the failed breath test dismissible. So you may want to speak with your attorney about your case and your failed breath test. There may be a defense that is right for you.
