Seeing the flashing lights of a police car in your rearview mirror can ruin your night. You pull over, and an officer walks over to your window to explain why he or she pulled you over. This ultimately led to field sobriety tests, and after that, a Breathalyzer test to determine your blood alcohol content. The results of your Breathalyzer determined that your BAC was over the legal limit, and now you are facing OUI charges.
This can be devastating, and you may not be sure what you can do to fight back against these charges. It can be especially frustrating if you believe that your BAC results were inaccurate. Like any machine, Breathalyzers can be problematic, and it’s possible there were external factors that affected the results. If you believe this happened to you, it may be worth taking a closer look at your case with the help of a Massachusetts legal professional.
Potential problems with a Breathalyzer
The purpose of a Breathalyzer is to measure the BAC of the person who breathes into the machine. There are different brands of these devices, and it is possible that things like battery life, irregular maintenance and the age of the device could affect its function. There are also other factors that could potentially skew results, including:
- Improper calibration – Properly calibrating the device includes changing the batteries regularly and making sure it is functioning correctly.
- Human error – Improper use by someone who does not understand how the device works can potentially affect the results.
- Substances in the mouth – If the person taking the Breathalyzer test has something in his or her mouth, it can alter the reading.
- Consistency in testing – For the most accurate results, it is beneficial to perform the test multiple times.
Everything from environmental factors to the way the police officer uses the Breathalyzer could potentially affect the results you get from the test. A careful evaluation of the circumstances of your arrest and interactions with law enforcement may reveal if you have grounds to challenge your BAC test results.
Fighting back the right way
Your future is worth protecting whether this is your first offense or you have previous OUI convictions on your record. As soon as possible after your arrest, you will find it beneficial to work with an experienced defense attorney regarding your legal options. With the right help, it may be possible to confront the case against you, challenge inaccurate Breathalyzer results and protect your long-term interests.