If you've been stopped for driving under the influence and subjected to a breath test, you may think that a failed result automatically means that you're facing a conviction. The truth is, there are several options for legal defense even if you fail the breath test. Here's a look at some of the things you should discuss with a criminal defense attorney before you opt to plead guilty.
Was the Test Administered Properly?
The breath test won't be legally admissible if the officer didn't administer it correctly. The easiest defense option in this situation is insufficient observation. The law requires that the officer observe your behavior and have probable cause to request the breath test. If he or she didn't do this, you may be able to have the test results dismissed.
Was Your Behavior Indicative of Intoxication?
If the officer does conduct the routine observation through a field sobriety test and you pass the assessment without any other visible evidence of intoxication, your attorney may try to claim that the test was inaccurate. Sometimes, certain medications and health conditions can lead to a failure on a breath test. If any of these apply to you, you'll have a viable defense.
Were You Informed of Your Rights to a Second Opinion?
If an officer requires you to take a breath test, he or she is also legally required to notify you of your rights to a follow-up exam. You have the right to request an independent blood test to validate your blood alcohol level if you've taken and failed a breath test. If the officer doesn't tell you about this right, the courts may deem the breath test inadmissible.
Were You Informed of Your Test Results?
Any time you take a breath alcohol test, the officer is legally bound to inform you of the results immediately. If the officer doesn't tell you the results of the test right away when the test is administered, your defense attorney can claim that the officer withheld information. This may work in your favor in court.
When Was the Last Service Performed?
Police departments are required to keep maintenance records and testing documentation to show that their breath test equipment is in proper working order at all times. Your attorney may request the maintenance records for the test used that day. Any missing or insufficient test records will likely deem your results inadmissible in the case.
Share11 November 2015
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