A conviction for driving while intoxicated can be damaging to your driving record. If you've been arrested on suspicion, the best thing you can do is to fight the charges any way that you can. While you might think that a breathalyzer or other evidence could be enough to ensure a conviction, there are a few things that you should know.
Observation Can Affect Testing Validity
Before an officer can administer a breath test, he or she must have probable cause to suspect you of drunk driving. This means that the officer in question has to observe your behavior for some time before actually having just cause to consider you intoxicated. Since there's no set period of time required, the observation time can be subjective. If your attorney can prove that the officer didn't observe you long enough to formulate an honest opinion about your condition, that may be sufficient to have the charges dismissed.
The Field Test Can Be A Factor
In some cases, you may actually be able to use the field test to your advantage. If you passed the field test and the officer still made you take a breathalyzer, your lawyer may be able to show that there was insufficient cause for the breath test. The discrepancy between the two tests is sometimes enough to have the results of the breath test deemed inadmissible.
You Should Be Advised Of Your Rights And The Results
When you take a breathalyzer, one of the things that is supposed to happen is that you should be provided with the results of the test. If you aren't given the results of the test on the scene when you take it, your attorney may be able to argue that the officer withheld information that you had a legal right to be told.
You also have the legal right to ask for an independent blood alcohol test if you've consented to a breath test. The officer on scene must inform you of that and allow you the opportunity to have that test run if you choose.
The Duration Of Time Between Your Stop And The Test Affect The Results
When the test is administered has as much effect on the results as how. For example, the time that elapses between your last drink and the breath test may allow more alcohol to absorb into your bloodstream, which may cause your breath test results to be higher than they were at the time when you were driving. If the results of your test are only slightly over the legal limit, your attorney might argue that the time elapsed at the scene was enough for your blood alcohol level to rise enough to be beyond the legal limit.
Talk with a law firm like Boehmer Law for more information.
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