A law enforcement officer may pull your vehicle over and conduct a traffic stop if they have reasonable suspicion of your driving under the influence (DUI) of drugs or alcohol. A standard procedure within this traffic stop is having you blow into a breathalyzer, which is a device that measures the concentration of alcohol in your breath, subsequently estimating your blood-alcohol content (BAC) level. Well, if you ultimately disagree with these test results, you may dispute its reliability or claim the device’s improper calibration or maintenance. That said, please continue reading to learn the process of challenging a breathalyzer test before a criminal court and how an experienced Morris County DUI lawyer at Macri Law Firm can help you make a solid argument.
Under what circumstances is a breathalyzer test inaccurate?
An arresting law enforcement officer and criminal court may rely heavily on your breathalyzer test results to determine whether or not you are guilty of committing a DUI offense. However, it is your job to point out the extenuating circumstances that may have caused these results to shed an inaccurate portrayal of the incident. Such relevant circumstances include, but may not be limited to, the following:
- You may have a pre-existing medical condition that could lead to a false positive (i.e., diabetes, asthma, gastroesophageal reflux disease, etc).
- You may have recently consumed something that could lead to a false positive (i.e., fermented foods, sugary foods, mouthwash containing alcohol, etc).
- You may have noticed that a law enforcement officer conducted an improper procedure (i.e., failing to calibrate the device sensors beforehand).
- You may have noticed that a breathalyzer device was poorly maintained (i.e., outdated software, degraded sensors, expired chemical solutions, etc).
What is the process of challenging a breathalyzer test in criminal court?
When you challenge the results of your breathalyzer test before the criminal court, you must present an abundance of evidence to back it up. The types of evidence you gather may depend on the specific argument you intend to make. For example, when claiming a pre-existing medical condition, you must bring your relevant medical records, medication history, and maybe even expert testimony from a medical professional who can explain how your condition or prescriptions can interact poorly with a breathalyzer device.
As for accusing a law enforcement officer of carelessness, your lawyer may assist you in obtaining their body cam or dash cam footage that recorded your entire traffic stop. This may be in addition to their record of training and certification for breathalyzer tests, possibly demonstrating how they are unqualified or not up-to-date on conducting this procedure. Lastly, when arguing that a breathalyzer device was poorly maintained, you may acquire calibration and maintenance records for the specific device used, or even submit the device itself as evidence.
We can sympathize with how daunting this whole legal battle may be for you. Well, lucky for you, the team at Macri Law Firm has successfully gone through this countless times before. So please, retain the services of a skilled Morris County, New Jersey criminal defense lawyer today.