Maybe a police officer pulled you over and then said they thought you were under the influence. Perhaps a police officer wanted to test you because you were in a car crash. You may have immediately agreed to do the test because you knew that you had nothing to drink or that a single beverage would not put you over the legal limit for your blood alcohol concentration (BAC).
However, despite your expectation of passing the test, the police officer informed you that your BAC was over the legal limit, and then they arrested you. Now you find yourself facing drunk driving charges and worried about jail time or losing your license.
How can you defend yourself when you believe the breath test results were wrong?
You can review department records
Those who suspect inaccurate test results can use those suspicions as the basis for their criminal defense strategy. Sometimes, all you need to do is evaluate the calibration and maintenance records for the test device used during your traffic stop.
If the software was out of date or the department had not calibrated the unit in weeks, you may be able to raise a reasonable doubt about the accuracy of the test results.
Even when it is clear that the police department properly used and maintained the device, sometimes defendants can raise questions about the overall accuracy and reliability of alcohol breath tests. There are numerous ways in which devices can fail or produce false positives, which can lead to a defense strategy.
You can present medical evidence
Some people fail breast tests not because they consumed alcohol but because of some underlying factor that resulted in a false positive reading. Factors ranging from the diet that you maintain to the medication you take could result in a false positive on a breath test.
Some people will be able to defend against drunk driving charges by presenting medical evidence to the courts that creates a reasonable alternative explanation for the BAC reading. Other drivers may be able to challenge the initial traffic stop or the behavior of the police officer during their interaction.
Learning more about drunk driving defense strategies can help those facing pending charges.