One of the most infuriating types of driving under the influence (DUI) cases is when the driver hasn’t had a drop of alcohol to drink and the breathalyzer still displays some level of alcohol in the person’s blood. Likewise, a police officer might pull over a person who is still sober after a beer and whose blood alcohol levels (BAC) show a significantly higher result than should be possible.
What people might not understand is breathalyzers can be wrong and can be fooled. Instruments to test BAC are delicate tools that must be calibrated in a specific way at least once a month to prevent egregious errors that could lead to the conviction of an innocent person.
If you are facing a DUI charge after taking a breathalyzer test demonstrating your guilt, you need to talk to a skilled Virginia Beach DUI attorney as soon as possible. Experienced criminal defense lawyers know what to look for when dealing with an inaccurate BAC test.
Breath tests need to be performed on calibrated equipment, which must be certified. This equipment should be regularly calibrated and tested for accuracy according to regulations. The operator must also be trained and certified to operate the equipment. Likewise, if the device shows inaccuracies during testing, it should be taken out of service. For example, a breathalyzer exhibiting two results for the same person that deviates by .02 or more is inaccurate.
Chemical tests must also be performed by approved labs that have well-trained and authorized individuals to read the results. Many procedures are in place to ensure an accurate BAC result. Failure to meet any of these expectations or follow these procedures could result in the possible suppression of BAC results.
Talk to our skilled Virginia Beach criminal defense attorney about your case as soon as possible. The faster we get the details about your circumstances, the more time we have to mount a defense on your behalf. Let us see what we can do for you and your situation.
Contact us at (757) 491-8800 or fill out our online form to schedule a free case consultation today.