When conducting a suspected drunk driving traffic stop, a law enforcement officer may ask the driver to submit to a breath test. Using a Breathalyzer device, the officer can determine the driver’s blood alcohol content, which then can lead to an arrest and formal drunk driving charges. However, it is possible Breathalyzer results can be inaccurate, and it may be appropriate to challenge this evidence as part of a DUI defense strategy.
One important factor in making sure Breathalyzer results are accurate is regular maintenance and proper upkeep. Some agencies may depend on third parties to do this task. Recently in Michigan, two technicians responsible for Breathalyzer diagnostic testing and upkeep were charged with faking records regarding maintenance. They face significant time behind bars for this crime.
Breathalyzer results can have a detrimental impact on a driver’s future, criminal record, right to drive and various other areas of his or her life. It is critical the devices used for these tests be accurate, used properly and maintained regularly. Faked maintenance records are serious and may mean that Breathalyzer devices that were not functioning properly were used by Michigan law enforcement during traffic stops.
Challenging Breathalyzer results could be critical for a driver facing drunk driving charges. If the results are not accurate or the device was faulty, evidence gathered from the test may not be admissible, undermining the prosecution’s entire case. This is why it is helpful to work with an experienced defense attorney, whether it is a first offense of there are previous DUI record’s on a defendant’s record.