What is the accuracy of a DUI breathalyzer?
There are many cases throughout the states of lawyers successfully challenging the accuracy of a DUI breathalyzer. There are some instances of judges even dismissing DUI charges based on the type of breathalyzer device used during the arrest. In Virginia, for example, a Fairfax county General District Court Judge tossed out a DWI case when doubts were cast over the Intoxilyzer 5000's accuracy due to suspicious replacement parts from random companies.
Allegedly, according to some researchers, breath tests can vary by as much as 15 percent from a person's actual blood alcohol content (BAC). And that one out of every four persons tested will register a higher BAC than their actual BAC. Discrepancies, researchers and DUI lawyers claim, result from the need for breathalyzer devices to be continuously re-calibrated. This re-calibrating process, if not conducted correctly, makes the devices susceptible to inaccurate readings.
And some states have challenged the accuracies of certain DUI breathalyzers due to manufacturers denying access to certain device's "secret software" or "source code" on the grounds of trade secrets. And it's this secrecy that makes them susceptible to court challenges when a drunk driving conviction is at stake.
Of course, if you ask a law enforcement agency, you are likely to receive a different response.
Regardless, what all of this means is that if you're charged with drunk driving and face a long list of penalties, you should hire a DUI lawyer to represent your case. These attorneys understand your state's DUI laws and are experienced in challenging the accuracies of breathalyzer tests. Their expertise can possibly save you from a DUI charge by having it reduced to reckless driving. Or minimize your penalties, saving you money, keeping you out of jail and shortening the length of your suspension.
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