subject: Are Breath Testers Reliable In Court? [print this page] There's an excellent chance you've had to submit to a breath test if you've ever been pulled over by the police for suspicion of driving under the influence. A breath sample is taken by a breath tester or breathalyzer device. By blowing into this device, you are providing the officer with your blood alcohol content. If the machine's results indicate you're over the legal limit to operate a motor vehicle, you will be arrested and then charged with driving under the influence - often called DUI. In the courtroom, most people plead guilty when the judge asks what they plead to the charge. You might do this too, suspecting all the evidence is against you. After all, the arresting officer can prove you were intoxicated because the breath tester said so. But do these devices really provide reliable results?
When you are arrested you will be read your rights by the officer, including your right to an attorney and your right to remain silent. Choosing to exercise both those rights is recommended. Never say anything to the police that could be used against you in court, and be sure to ask to see a lawyer immediately. The police will tell you it's your right to have an attorney appointed by the court if you don't already have a lawyer. The first thing your attorney will do, whether appointed by the court or hired, is work on building a solid defense by examining the evidence against you.
An excellent attorney may try to get the breath tester's results thrown out of court, especially if that is the only piece of evidence against you. After all, breath testers are very reliable, but they do occasionally malfunction. Who can say whether the device was operating properly? All the attorney needs to do is cite cases where the breath test that performed in the field was inaccurate but resulted in innocent people being arrested and charged.
Prosecutors are not fond of losing, and they probably won't base their entire case on the results of a breath tester. They know that although breath testers are highly reliable, they do not provide accurate readings every single time they are used. Breath testers must be calibrated, maintained and replaced when they begin to break down. They also must be used properly by the police officer. There are a lot of variables, so it's not surprising that attorneys occasionally get cases dismissed by attacking the credibility of breath testers and the officers who use them.
Prosecutors can base their case on many types of evidence instead of relying solely on breath test results. They can also use the testimony of witnesses, film from dashboard cameras, and the results of field sobriety tests. The breath tester was probably running perfectly when it tested you on the road, but there are many additional ways you can be convicted of DUI. Whenever you are considering driving even though you've had too much to drink, stay away from getting behind that wheel. You'll get home safely if you catch a cab instead.
