3 Steps a DUI Lawyer Will Take to Challenge Breathalyzer Results

Breathalyzers are commonly used by law enforcement to determine a driver's blood alcohol concentration (BAC) during a DUI stop. However, these devices can be prone to errors and may not always provide accurate results.

This is where a skilled DUI lawyer in Sidney, Ohio, can make all the difference for those facing charges based on breathalyzer readings. With their knowledge and experience, a DUI lawyer can take crucial steps to challenge breathalyzer results and potentially have the charges reduced or even dismissed.

Read on to learn about the important steps a DUI lawyer will take to challenge breathalyzer results and defend their clients' rights.

Reviewing Device Maintenance Records

A DUI lawyer will first scrutinize the breathalyzer's maintenance and calibration records to confirm the device was in proper working condition during the test. The lawyer looks for gaps or irregularities in these logs that could indicate the device was not correctly calibrated. Identifying such issues can be pivotal in disputing the breath test results, as inaccuracies in the device's maintenance history may suggest unreliable BAC readings.

Question the Officer's Procedure

A DUI lawyer in Sidney, Ohio, will thoroughly question the arresting officer's procedures surrounding the breathalyzer test. Ensuring all protocols were followed is critical in evaluating the test's validity.

Carefully examining these procedures can reveal any mistakes or protocol violations that may render the results questionable.

Here are the key aspects a lawyer will investigate:

• Initial Stop Justification: The lawyer examines the legal grounds for the traffic stop to determine whether the officer had a valid reason for pulling the driver over.

• Observation Period: They check whether the officer observed the driver appropriately before administering the test to ensure no substances could affect the results.

• Device Handling: The lawyer reviews whether the officer followed the correct instructions for using the breathalyzer device, including ensuring it was properly warmed up and ready for use.

• Rights Notification: Ensuring the driver was informed of their legal rights at the time of arrest, including the right to refuse the breathalyzer test, as not doing so can weaken the prosecution's case.

By identifying procedural missteps, a DUI lawyer can argue against the integrity of the breathalyzer results, offering their client a strong defense strategy.

Investigate Testing Conditions

A DUI lawyer will assess the environmental conditions during the breathalyzer test, as factors like temperature and electromagnetic interference can impact accuracy. They will investigate if the testing area was too hot or too cold, which could affect the device's functionality and lead to incorrect readings. The lawyer might also check for sources of interference, such as radio frequency disruptions, that could have tampered with the results.

Environmental factors play a crucial role in the reliability of breathalyzer tests, and these conditions must be ideal for accurate results. If a lawyer finds these factors were not accounted for or controlled, they can argue that the breathalyzer results may be unreliable. Presenting evidence of these discrepancies can significantly bolster the client's defense.

It's Time to Contact a DUI Lawyer in Sidney, Ohio

Facing DUI charges can be a daunting experience, but having the right legal representation on your side can make all the difference. A skilled DUI lawyer in Sidney, Ohio, will use their expertise to challenge breathalyzer results and protect their clients' rights.