Can You Challenge Breathalyzer Results in Court?
The use of breathalyzer tests to determine alcohol content in the blood is a common method used by law enforcement to assess whether a driver is under the influence of alcohol. If you have been charged with driving under the influence (DUI) after a breathalyzer test, you may wonder whether it is possible to challenge the results in court. This article delves into the legal procedures and potential grounds for challenging breathalyzer results, ensuring you have the necessary information to pursue a defense effectively.
Challenging Breathalyzer Results in Court
Unlike roadside breathalyzer tests, which are typically used as an indicator of probable cause to make an arrest, you have the right to challenge the breathalyzer results in court. If you wish to present a challenge, you must do so during your scheduled court date, not at the roadside with the officer. This is a crucial point to remember as it sets the stage for your legal defense.
Legal Burden of Proof
It is important to understand that if you do decide to challenge the breathalyzer results in court, the burden of proof lies on you to demonstrate that the results are invalid. The prosecution would not need to prove the results to be valid; rather, you must provide evidence that shows the reliability or accuracy of the test is questionable.
Roadside Breathalyzer Tests vs. Courtroom Challenges
Roadside breathalyzer tests are commonly conducted at the scene, with the officer determining the results to decide whether to arrest the driver. Most often, a result of 0.08 grams of alcohol per 210 liters of breath (BAC) or above can provide the officer with probable cause to arrest you for suspicion of driving under the influence of alcohol. After an arrest, you would be transported to a secure facility where your blood would be drawn for a more accurate test to determine the true blood alcohol level.
Hinging On the Blood Draw
Successfully challenging the breathalyzer results in court often hinges on whether a blood draw was performed. If the breathalyzer test is the sole evidence of intoxication and no blood draw was conducted, you might be able to argue that the breathalyzer results are not sufficient evidence for the court to consider. Proving that a blood draw was not performed and that the breathalyzer was the only evidence can be a complex task, and you should consult a qualified attorney to assist you in this endeavor.
Understanding the Probable Cause Required
To further your challenge in court, it is essential to understand the probable cause required to make an arrest based on a breathalyzer test. If the officer had probable cause to arrest you, it means that there was a reasonable belief, based on the breathalyzer results, that you were driving while intoxicated. Challenging this probable cause can be more difficult, but it can still be done through presenting evidence that calls into question the reliability or accuracy of the breathalyzer test.
Key Legal Points to Consider When Challenging Breathyler Results
When challenging breathalyzer results in court, there are several key legal points to consider:
Chain of Custody: Ensure that the breathalyzer test was performed and recorded correctly and that the device was properly calibrated and maintained. Environmental Factors: Consider any environmental factors, such as the use of mouthwash or other substances, that may have affected the test results. Witness Accounts: If there are any witnesses who can attest to your condition before the test, their testimony could be valuable. Medical Conditions: Take into account any pre-existing medical conditions that may have affected your alcohol metabolization.Navigating the complexities of DUI cases can be intimidating, and it is crucial to seek legal advice to help you present your case effectively. If you have been charged with a DUI, contact a reputable attorney who can review the evidence, advise you on the best course of action, and represent you in court.
Conclusion
Challenging breathalyzer results in court is a serious matter that requires a thorough understanding of the legal procedures and potential grounds for a defense. While roadside breathalyzer tests are often used as an indicator of probable cause to make an arrest, the burden of proof lies on you to disprove the results in court. Understanding the legal requirements and complexities of DUI cases can be overwhelming, but with the right preparation and legal support, you can potentially challenge and overturn the outcome of your case.