Can I Fight Breathalyzer Test Evidence?

Answers from a Dedicated San Jose DUI Attorney

Too often we see drivers with a DUI charge simply choose to plead guilty. They believe that they have already been stopped, arrested, and, most compellingly, been subject to a breathalyzer test. However, most drivers charged don't realize that even if they registered a blood alcohol content reading of .08% or higher, it is still possible to fight and defeat their charges.

To establish such a defense in the face of evidence procured by law enforcement requires sharp, competent legal counsel. In order to combat the implications of the DUI incidence, a studied, emphatic presentation needs to be made in court. At The Law Offices of Adam Allen Arant, Esq., this is the kind of representation we provide for our clients. If you or a loved one has been charged and are not sure where to turn, we encourage you to contact our San Jose DUI lawyer today.

Methods of Challenging Breathalyzer Results

There are a number of different issues that can be brought to the judge's attention to dispel or reduce a DUI charge, even if an illegal breathalyzer reading has been submitted to the court.

Some viable breathalyzer defenses include:

  • Showing that the breathalyzer had not been recently calibrated
  • Procedural or Miranda Rights issues
  • Arguing that you had belched prior to taking the test, disrupting the results
  • Showing that the breathalyzer had not been maintained properly
  • Proving a lack of observance by the officer prior to the traffic stop

These are just the most common of these defenses. Whatever holes in your case that are applicable to your DUI charge depend on the circumstances of your arrest and require an experienced eye of a legal representative to bring to light.

You Do Not Have to Settle For a Guilty Plea

DUI arrests are a highly regulated procedure that rely on vigilant police compliance and finely tuned technology. If discrepancies or issues can be proven in either of these elements, then it's possible your DUI charge can be dismissed.

To learn more about your defense options following a DUI, call The Law Offices of Adam Allen Arant, Esq. to schedule a free initial consultation.