Reliability of breath test device and DUI charges challenged
Any DUI defense attorney can attest to the fact that machines are not fail-proof. Law enforcement and prosecutors like to think that devices such as breath tests are what prove a DUI suspect’s guilt or innocence. But experienced drunk driving attorneys in Tennessee and across the country know better.
If someone is pulled over and investigated for the suspicion of drunk driving, an officer will likely ask them to submit to a breath test. The results of such a test can be a huge factor in the outcome of a potential DUI charge. So those tests should be reliable, right?
Right. Any process that aids in the collection of evidence needs to be precise and accurate. That is the problem with certain breath test devices, according to an attorney in a current Florida case. He claims that the specific device used in his state is not properly checked and, therefore, could easily produce faulty readings. He wants various DUI cases thrown out due to the supposed inaccuracy of the tests that landed his clients in trouble.
Every little bit of alcohol that a test reads on a person’s breath can make a significant impact in a DUI case. If the devices used to read suspects’ blood alcohol levels are not accurate, then continuing to use them puts citizens in danger of facing criminal charges based on reckless procedures and false evidence. That doesn’t sound very American.
Arguments against the use of certain breath test devices have worked in various states in the past to help free drunk driving defendants of charges that they didn’t deserve. Our attorneys have experience addressing the potential faults with breath tests. To learn more, visit our DUI defense page.
Source: ABC Action News, “Attorney wants breathalyzer tests thrown out of 30 DUI cases,” James Jackson, Oct. 12, 2012