Fighting drunk driving charges is rarely easy, but often worth the effort, especially if you have no other drunk driving convictions on your record. Of course, when you receive charges after failing a Breathalyzer test during a stop, it can feel as though you don’t have any options. Thankfully, this is not entirely true.
With careful planning and patient attention to detail, it is usually possible to mount some form of defense against drunk driving charges. Even if you cannot avoid charges altogether, a strong defense may still help you reduce the charges and avoid unnecessarily harsh sentencing. No matter what you do, it is always better to build some defense than face drunk driving charges with no defense at all.
Casting doubt on the reliability of the results
Breathalyzers are impressive pieces of technology, but they are still fallible. Since they take precise measurements, they can produce inaccurate results if they are even slightly out of calibration. It is wise to review each aspect of your experience during the stop to identify any opportunities you may have to challenge the validity of Breathalyzer results.
If the device did not receive proper maintenance and calibration before the officer administered the test, you may be facing charges because of a malfunction. You can imagine how frustrating it would be for someone to feel as though their diet should be working only to find out that they have been weighing themselves on a faulty scale that gives them inaccurately high readings. The same applies to Breathalyzers. If the device did not produce reliable readings, then you may be facing legal consequences you truly do not deserve.
Questioning the activity of the arresting officer
It is also possible that you may have the opportunity to poke holes in the prosecution’s case by questioning the conduct of the officer who performed the traffic stop and administered your test. If the officer did not use the device correctly, then you may have grounds to point out this negligent behavior.
Similarly, if the officer violated your rights during the stop, you may have grounds to challenge the charges altogether. This requires careful planning, so do not assume that you have an airtight defense until you consult the law.
The sooner you begin working to build your defense, the sooner that you can put this whole experience behind you, so be sure to make your defense a top priority. Your rights and freedoms deserve strong protection.