Once a Breathalyzer reads .08 blood alcohol concentration or more, any driver stopped for suspicion of a DUI could face serious charges. However, the subsequent appearance in a Georgia courtroom may resolve in the defendant’s favor. The accused driver has an opportunity to present a defense and challenge evidence. If something is wrong with the Breathalyzer, the defendant could prevail if the evidence gets dismissed.
Breathalyzers are not perfect
Breathalyzers are manufactured products provided to law enforcement to assist in collecting evidence. Not every product shipped from an assembly line and factory arrives without defects. If something’s wrong with the Breathalyzer, its results could become suspect. Suspect results could mean unreliable evidence.
Sometimes, the officer performing the Breathalyzer test makes mistakes. The mistakes might involve the calibration of the Breathalyzer, which could skew results. Again, any subsequent procured evidence might be unreliable.
Questions could even arise about the officer’s training. If the officer received improper training or made mistakes handling the test, the defendant may point such facts out in court.
Other issues that factor into the defense
A DUI defense could bring up several vital points that may help the accused’s case. A traffic stop requires that the officer has a reasonable suspicion that a crime has been or is being committed. If a car weaves side-to-side on the road, law enforcement may have justification to stop the car. When the driver commits no moving violation, there may not be. Hence, any evidence gained from an arrest could be inadmissible.
Sometimes, persons arrested for a DUI may face additional charges. A defense against the additional charges might be necessary, but a lack of probable cause may also affect them.