While there are DWI cases that can be fought, it can be harder to get your case thrown out if you have taken a breathalyzer test. But what if this test itself was inaccurate? There are plenty of ways that technology can fail. Most individuals might think that technology when it comes to drug and alcohol testing is fail-safe, but this isn’t always the case. Breathalyzers can be a great resource to pick up on possible intoxication, but this shouldn’t be the only tool used when it comes to such serious charges. Here are four things that can cause on-the-spot DWI test outcomes to give incorrect conclusions and what you can do to fight inconsistencies.
1. User Error
These days there are so many new functions, options, and settings when it comes to alcohol other controlled substance testing equipment that getting the training professionals need can be a stretch. An innocent mistake by a cop using equipment incorrectly could lead to false readings that they think are correct, and this outcome can ultimately be viewed as factual in one’s charges. If you are worried that you have been charged for a DWI based on a breathalyzer alone, it is worth it to research your charges more substantially with an attorney to review how you were tested and if this was done correctly.
2. Faulty Equipment
There is always a chance that a breathalyser isn’t functioning properly. This might not be a piece of equipment that a cop in a routine traffic stops uses every day. While the hope is that technology overall is becoming more exacting and something we can trust, there is always the chance of a breathalyzer malfunctioning and giving an incorrect reading. The only way that you can get to the bottom of finding out if a faulty piece of equipment might have corrupted your case is is to bring on a professional Minnesota DWI attorney. They can research all aspects of your case and see if your DWI might not have been recorded properly when reviewing documents and equipment available to attorneys.
3. Incorrect Logging
In an extreme case recently in Colorado, alleged forgeries of technician reviews were present and has turned the state’s DWI track record on its head. The test equipment in question, the Intoxilyzer 9000’s readings can only be taken as accurate if the tests were certified by a technician’s signature. The claim is this has been forged, therefore throwing out the accuracy of the tests completely. While the test itself may have been accurate, rules for accurate reporting by those cleared to do so is an important step in the process and protects an individual’s rights.
4. Different Medications
WIth so many new medications on the market that might cause an individual to not be fit for behind the wheel without even realizing it. Sometimes medications can interact with small amounts of alcohol and cause the effects to be compounded. The best advice is to read labels, talk to your doctor, and not drive the first time you take a new prescription medication. Sometimes accidents happen, and if you don’t think a DWI reading was the result of only alcohol, be sure to work with your attorney so that your case is reviewed fully and you can lessen charges or have your case thrown out completely.
Breathalysers are designed to keep us all safe, but with any piece of equipment, these aren’t always a perfect fit. There can always be reasons why a breathalyser isn’t the best indicator of driving under the influence, and a combination of equipment, police judgement, and follow-up on charges are all pieces of the puzzle. While drunk driving can be a serious offense, if this isn’t detected properly, this can have serious ramifications on the individual being charged. If you are concerned that your DWI charges were handled incorrectly, contact us to review your case.
The information presented in this article is not considered legal advice. Please contact our law office to speak to an attorney about your case.