When administered an electronic breathalyzer, it may flash a digital number representing your estimated blood-alcohol content (BAC) level. It may be nearly impossible to misinterpret this number, and a law enforcement officer may conclude that you were indeed driving under the influence (DUI) of drugs or alcohol. However, even though this number is black and white, you may still put up a fight to protest its validity in front of the New Jersey criminal court. With that being said, please continue reading to learn whether it is possible to challenge breathalyzer test results and how an experienced Morristown DUI defense lawyer at Graves Andrews, LLC, can help you prepare the right evidence to make this argument.
Is it possible to challenge breathalyzer test results?
More often than you may realize, defendants may argue against their breathalyzer test results to prove their innocence in a DUI case. Given your circumstances, you may claim that the breathalyzer device malfunctioned upon administration. That is, you may argue that the specific device was poorly maintained and needed replacement. Therefore, it produced an inaccurate read.
Similarly, you may assert that the officer lacked proper training for administering a breathalyzer test. Specifically, the offer may have failed to calibrate the device correctly or attach the mouthpiece securely beforehand. Or, they forgot to instruct you to blow into the device steadily and continuously until it indicates to stop with an audible tone. Again, this lends to a skewed result of your actual BAC level.
Lastly, you may blame your personal issues affecting your breathalyzer test results. Of note, certain medical conditions (i.e., acid reflux, GERD, diabetes, hypoglycemia, asthma, etc.) and medications (i.e., cold medications, oral gels, mouthwash, etc.) may affect this device’s accuracy. You may claim that you were well within your rights not to speak or answer any questions besides identifying information at the time of your traffic stop.
What evidence should I present when challenging a breathalyzer?
The evidence you use to back up your DUI defense may be contingent upon the exact argument you are presenting to the New Jersey criminal court. For one, if you claim a faulty breathalyzer, you may acquire maintenance logs for the specific device. Or, you may even submit the device as evidence and demonstrate its potential for malfunctions. Or, if you state that a law enforcement officer was ill-prepared, you may obtain a record of the last time they received training for breathalyzer tests or traffic stops.
Last but not least, if you cite your medical condition, you may collect your past medical records that exhibit your diagnosis and prescribed medications. You may even want to hire a medical expert to testify on your behalf and explain to the court how your medications may have interacted negatively with the breathalyzer device.
If you desire more clarity before you head into these proceedings, please do not wait any longer to reach out to a skilled Morristown criminal defense lawyer. Retain the services of Graves Andrews, LLC today.