If a police officer notices a driver exhibiting erratic behaviors, such as swerving, driving at erratic speeds or following other vehicles too closely, that could be valid grounds for a suspected drunk driving traffic stop. After pulling a driver over, the officer will speak to the driver, and he or she may ask the individual to submit to field sobriety tests. After this point, the officer may administer a breath test using a Breathalyzer device.
A Breathalyzer is a device that measures a person’s blood alcohol content. Any reading over .08% indicates the driver is intoxicated, and police will then make an arrest. However, these devices may not always be functioning properly, and this could result in an inaccurate reading. You may suspect that a faulty Breathalyzer device played a role in your case.
Challenging the results of a Breathalyzer test
There have been reports all over the country, including in Kentucky, of cases involving inaccurate Breathalyzer results. In many situations, this is due to a problem with the equipment itself, but it is possible that improper administration of these tests could also affect readings. One of the primary factors in ensuring that these devices give accurate readings is the proper care, maintenance and calibration of these devices.
In one police department, the issues with the Breathalyzer devices were so extensive that the local police were under order to only administer blood tests for a period of time. Many departments rely on third-party companies to maintain these devices, including performing required calibration. This step is essential in ensuring these readings are accurate. Even small errors in the results of a breath test can lead to an invalid arrest. Human error can also play a large role in an inaccurate reading.
Is there a problem with your case?
If you believe there was a problem with the Breathalyzer device used during your DUI traffic stop, you have the right to explore this possibility. You have a right to a careful evaluation of all the evidence brought by the prosecution, including the results of a Breathalyzer test. If there was a problem, you may challenge the case against you.
It can be difficult determine if there was a problem with the Breathalyzer device used during your traffic stop. An assessment of your case can help you identify possible issues in your case and determine the most appropriate course of action. You have the right to fight back against any charges and defend your future interests.
