When you are arrested for a DUI, one of the chief pieces of evidence against you is probably going to be the results of a breathalyzer test. This test said your BAC was over the legal limit, so you have to be charged. These machines are not perfect though, and neither are the people using them. It is possible to challenge the results of a breathalyzer test, and a DUI lawyer in Montgomery County, PA can help you do that.

What Can Go Wrong With a Reading from a Breathalyzer Test?

A breathalyzer is like just about any other piece of machinery. It can encounter errors or it can be used incorrectly. In cases like these, its results shouldn’t be relied on. They certainly shouldn’t be used to put someone in jail for a DUI.

There are a few ways that the breathalyzer test itself can go wrong. Common issues include:

  • A tester that is not calibrated correctly
  • An officer who lacks training and administers the test incorrectly
  • The driver not being given the necessary instructions to perform the test correctly

If you believe that any of these factors affected your test, then you may be able to challenge the results. You can also challenge the stop itself, arguing that there was no reason to pull you over in the first place. In a situation like this, you’re not really challenging the test results. Instead, you’re saying that those results never could have been gained without a bad stop so they must be thrown out.

Can Anything Else Affect a Breathalyzer Test?

Machine and user error are not the only elements that cops have to worry about when administering the breathalyzer test. There are a few other things that can interfere with a test and make the results questionable. Some common problems include:

Medications: A variety of medications and even mouthwash can affect a reading from a breathalyzer. Certain asthma medications, cough syrups, and oral pain relievers can make a difference and could be just enough to push your results into illegal territory.

Medical conditions: Some types of medical conditions, like GERD, can also affect your reading.

A sick driver: If a driver throws up or even burps, the cops have to wait a certain amount of time to administer the breathalyzer test. If they do not do this, the results can be skewed.

Should I Hire a Lawyer?

DUI charges are no joke, even if you have a clean record. You’ll want an experienced attorney on your side, someone who can poke holes in the prosecution’s case, get evidence thrown out, and potentially get all charges dismissed.

Schedule Your Consultation With Our Team

When you are in need of an experienced DUI lawyer, contact Mudrick & Zucker. We can help you stand up for your rights and figure out the best defensive strategy.