Most of the DUI laws tend to favor the prosecution, which can make a defendant feel almost helpless, if not hopeless. However, a good attorney can assist you in developing a defense that will lead to a better outcome. One of the ways this can be done is by challenging the reading of the breathalyzer.
Breathalyzers Are Not Always Reliable
According to DUI attorneys in Portsmouth, VA, a breathalyzer is a measurement device that records an individual’s blood alcohol content or BAC. This is done through a breath sample. The test is the most common way to test the breath of a person who is charged with DUI. However, problems can exist with this machine which make it vulnerable to miscalculation or mistake. If an attorney can show that the test was not administered correctly then, he or she may be able to convince a judge to dismiss the charge.
Portsmouth DUI attorneys know that several elements can lead to unreliable results. Therefore, you need to partner with an attorney who is cognizant of some of the limitations and how they may apply to you. These salient factors can assist you in beating a DUI charge.
Factors That May Skew a Breathalyzer Test
That is why DUI attorneys often point out the factors that can impact the results of a breathalyzer test. These factors may include the following:
* The defendant’s metabolism and body weight
* The amount of alcohol absorption
* Any special diet the defendant may have been following
* Certain medical conditions, such as acid reflux disease
In addition, DUI attorneys emphasize that the device that is used to test a defendant’s breath must be adjusted properly. If the machine is not calibrated correctly, the test will be considered inadmissible in a court of law. So, do not waste any time in contacting an attorney if you have been arrested for DUI. Schedule a consultation today.