Mark M. Cheser 35 Years of Criminal Defense Experience
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There are ways to challenge Breathalyzer results

It is wise to take any drunk driving charge seriously and to build the strongest defense that you can, even if you feel as though the evidence against you is quite strong. Remember, everything about your interaction with law enforcement is structured to give advantage the officer who pulls you over and to make you feel as though the case against you is strong, even if it is not.

One of the strongest defenses you may have is attacking the evidence against you directly. Often, the public thinks of measurements like those taken by Breathalyzers as reliable, but this is not always the case. If you face criminal charges after failing a field sobriety test like a Breathalyzer, you should examine the circumstances of your arrest for defensive opportunities.

Improper calibration

A Breathalyzer is a precise measurement device, so it is no wonder that it can easily fall out of perfect calibration. However, police regularly use poorly calibrated devices in the field. It is wise to consider any evidence you have or arguments you can make over the calibration of a Breathalyzer device. If you can successfully cast doubt on the reliability of the device, the prosecution must work harder, at the very least.

Improper usage and improper conduct

Although a Breathalyzer device may seem simple and straightforward, there are ways to misuse it and compromise its measurements. If your arresting officer used the device improperly, then you may have grounds to object to the results. Inept operator error is not exactly common with Breathalyzers, but some officers may intentionally misuse the device against you.

In fact, it is wise to examine all of the arresting officer's behavior throughout the interaction. If you believe that the officer violated your civil rights or broke the law in some way during the stop, then you may have grounds to challenge your charges. Police may not break the law either, even if they are, in the course of duty, upholding the law.

Build the strongest defense you can

If you hope to beat your drunk driving charges or see your sentencing reduced, then you must make this a priority immediately. The sooner that you focus your time and resources on building a strong defense, the sooner you can assess your legal options and the tools you have to protect yourself. With clear, decisive action, you can use the strength of the law to defend your future and keep your rights secure.

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