Breathalyzers are devices used by Kentucky law enforcement to determine whether a driver is under the influence of alcohol. They can measure the amount of alcohol in a driver’s system after the driver breathes into it. If the blood alcohol content is over a certain amount, police will likely take the driver into custody and file charges. The effectiveness of these devices can make a significant difference in a drunk driving case.
Because law enforcement depends on these devices to determine the intoxication of a driver, it is imperative that they work correctly. One way to ensure that Breathalyzer devices are working correctly is by calibrating them on a regular basis. Failure to do this could result in malfunction or inaccurate results, as well as other complications for a defendant.
Properly calibrating a Breathalyzer
One of the most common challenges to a drunk driving charge is improper calibration of the device. Regular maintenance ensures more accurate results, and this is the responsibility of the local law enforcement to ensure their Breathalyzer devices are in proper working order. The following are common rules regarding calibration and use of these types of devices:
- The device has to receive regular cleaning, inspection and maintenance.
- The device must be from an approved list of accepted, trusted manufacturers.
- The person performing the test must have training and appropriate certification.
- The individual performing the test must ensure the subject follows instructions.
- The device must give at least two readings with very close results.
If a defendant is able to prove there were problems with the Breathalyzer device at the time of his or her arrest, it could invalidate the entire case against him or her. A close look at the circumstances of the traffic stop and other details of the case will reveal how a defendant should best approach his or her defense strategy.
Preserving future interests
With a strong defense strategy, it will be easier for one to fight back against the charges he or she is facing. If there are problems with the use of a Breathalyzer or inaccurate results during your initial traffic stop, you have the right to challenge the evidence against you. When it comes to effectively fighting drunk driving charges, it is best to take quick action to begin developing the most appropriate approach for the defense.
