When someone is arrested for a DWI, the main evidence against them is often the results of a breathalyzer test. It is important to realize that these machines are not perfect. There are a few factors that can affect the reading and result in an inaccurate measurement of a driver’s blood alcohol content. A Bergen County criminal defense attorney from our law firm can point out such a discrepancy and get crucial evidence against you thrown out.
There are a few different factors that can affect your breathalyzer reading, with the following ones being among the most common:
Breath temperature: A breathalyzer reading can actually be compromised due to the temperature of your breath. The device is configured to test for BAC at a certain temperature. If a driver’s breath is warmer than expected, that can actually throw off the reading.
Residual alcohol: Sometimes the breathalyzer can pick up on any alcohol that is left behind in someone’s mouth. That can inflate the BAC reading and make someone seem as if they are more impaired than they actually are.
Belching or vomiting: Someone burping or throwing up can affect the breathalyzer reading and cause the test to register a higher blood alcohol content. If a driver burps, vomits, or even hiccups, a cop is supposed to wait at least 20 minutes before attempting to use the breathalyzer.
An individual’s metabolism: Everyone processes alcohol at a different rate. Someone with a slower metabolism may get a higher BAC reading than they should simply due to how their body deals with alcohol.
Yes, you can definitely question the breathalyzer results. As we have shown, these machines are not infallible. There are many things that can go wrong and cause them to give an incorrect result. Challenging the BAC reading you received is well within your rights, especially if you can contend that one of the above factors was at play.
A DWI defense attorney can help you defend yourself and fight the serious charges against you. They can help you challenge the results of the breathalyzer to get the BAC reading thrown out. The state is unlikely to have much of a case against you without that evidence.
A lawyer from our firm can also answer your questions, communicate on your behalf so that you do not make any incriminating statements, and file a motion to dismiss charges. Having an experienced attorney on your side could make a big difference.
A DWI charge carries serious penalties and could follow you around for life. You need to begin forming the best possible defense that you can, and an attorney from the Law Office of Attorney Conway can help you do that. So contact us and schedule a case consultation today.
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