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En Español : 919-747-3276
Arabic : 252-654-4852
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Breathalyzer machines are not infallible

If a driver in North Carolina is believed to be impaired by alcohol, a Breathalyzer test may be conducted. While this test is considered to be highly accurate, it is possible that the result could be incorrect in certain cases. For instance, if a driver had vomited, eaten or smoked just prior to a Breathalyzer test, it could skew the results and make them inadmissible in court.

Furthermore, the person who conducts the BAC test must be certified in how to use the machine. The machine itself must be calibrated and tested at a regular interval, but there is generally no hard rule as to what a regular interval is. It must also be on a conforming list of acceptable machines. To qualify as an accurate test, there must be two readings created that vary by no more than .02 percent.

To show that a Breathalyzer machine was not working properly, an individual may ask for maintenance and calibration records. The attorney for the defendant can also request these records. If the results of a Breathalyzer test are thrown out, the government would need to use other evidence to prove that a defendant was driving while impaired. This evidence may include a driver having slurred speech or performing poorly on field sobriety tests.

Individuals in the Raleigh area who have been charged with a DWI can benefit from the help of legal counsel. It may be possible for an attorney to challenge the results of a Breathalyzer test or any other evidence used to charge an alleged defender. Evidence may be ruled inadmissible as a result of a challenge, and it could weaken the case against a defendant. This may provide leverage to negotiate a plea or get a case dismissed.

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Super Lawyers Board Certified Specialist | North Carolina State Bar | Federal / State Criminal Law
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Raleigh, NC 27604

Toll Free: 800-599-4428
Phone: 919-741-4825
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Henderson, NC 27536

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