It is Possible to Challenge a Breathalyzer Test?
Calvin Barry
Criminal Lawyer at Calvin Barry Professional Corporation, Criminal Lawyers
A breathalyzer is a device used to determine the blood alcohol level of a person using just his or her breath. It’s use garnered popularity because it is scientific and offers objective data. However, like any other device, a Breathalyzer is not immune to the errors of man. A wrongfully administered Breathalyzer test can make a person suspected of drinking and driving face DUI charges. Errors in the training of the police personal and calibration of the device can result in wrong Breathalyzer test administration.
When a person faces a DUI charge, the prosecutor has to prove that the defendant had a blood alcohol concentration that was at or above the legal limit. If a Breathalyzer was defective or the procedure to test wasn’t done properly, then the defendant’s DUI attorney can challenge the results of the Breathalyzer in court as part of the defence.
Proof is Needed to Challenge the Results
If the defence wanted to claim that the DUI charges are wrongful, then the defendant’s side must prove that the charges are invalid. These can be done by the DUI attorney by proving that the evidence is insufficient or doesn’t have enough strength especially when the lawyer can present witnesses.
Breathalyzer Result as Evidence
Breathalyzer results are only admissible as evidence when the device was used properly. Without proper operator training, calibration, or maintenance, the results will be inaccurate and therefore cannot be used to prove that the defendant was a high blood alcohol level. The police officer needs to follow a specific protocol when administering the test to ensure the accuracy of the results. The device also needs to have regular maintenance and undergo proper calibration to avoid questionable and disputable results.
Are you charged with a DUI and think that a DUI lawyer can challenge the results of your Breathalyzer test? Then you need Toronto DUI lawyer Calvin Barry! Calvin Barry’s long history as a DUI lawyer in Toronto makes him one of the most trusted in the field. Call Calvin Barry as soon as possible and save your future!