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Pasco County Criminal Defense Lawyer / Blog / DUI / How Reliable Are Breathalyzer Tests in New Port Richey?

How Reliable Are Breathalyzer Tests in New Port Richey?

DUI_Breathalyzer

Many DUI cases in New Port Richey depend heavily on Breathalyzer results. Without this data, prosecutors must rely instead on the heavily subjective observations of arresting officers. If you can challenge the Breathalyzer results, it might be easier to avoid a DUI conviction. But how exactly do you accomplish this goal? How reliable are Breathalyzer results, and can your defense attorney help you challenge them in court?

Studies Have Shown That Breathalyzer Devices Are Fairly Inaccurate 

Breathalyzer devices are associated with relatively high rates of error. For example, a study published by the National Institutes of Health (NIH) found that out of four intoxicated individuals, a Breathalyzer device only tested positive for three. Of course, this is probably good news for someone who wants to get away with drunk driving. However, false positives are possible as well.

It is also worth noting that there is massive variation between commercially available Breathalyzer devices. Some are far more accurate than others, and there is no real way of knowing what kind of device a local police force might have access to. An officer might use a very new breath-testing device with a higher rate of accuracy. Alternatively, they might use a 30-year-old device with extremely questionable reliability.

Calibration Is Incredibly Important When Using Breathalyzer Devices

 Even the newest, most accurate Breathalyzer devices fail to provide accurate results if their users fail to properly calibrate them before use. Officers should receive in-depth training on how to calibrate a Breathalyzer device before using it on someone suspected of driving drunk. If they fail to do this, an experienced defense attorney can cast doubt upon the subsequent results. This happens more often than many people realize.

Unreliable Breathalyzer Devices Highlight the Importance of Remaining Silent 

Once a defendant sees that they have a BAC level over the legal limit, they might be tempted to explain themselves. However, this is generally the wrong decision. The Breathalyzer result could be inaccurate, so it makes more sense to simply remain silent. Your silence is not a sign of guilt, and this is guaranteed under the Fifth Amendment of the United States Constitution.

Remember, you can always challenge the result at a later date with help from your attorney. If you make the mistake of admitting to driving drunk after seeing the BAC result, this defense strategy will be more challenging to implement.

Can a New Port Richey Defense Attorney Challenge Breathalyzer Results? 

A New Port Richey dui defense attorney may be able to help you challenge your Breathalyzer results if you’re facing a DUI charge. These devices are less reliable than many realize, and they may provide incorrect readings on a surprisingly frequent basis. That being said, you should choose a personalized defense strategy that matches your unique situation. This only represents one way to beat a DUI charge, and there are many other possibilities. Discuss these possibilities in more detail with Athanaselos & Associates, P.A. today.

Sources: 

pmc.ncbi.nlm.nih.gov/articles/PMC4281544/

news.ontariotechu.ca/archives/2016/05/breath-alcohol-sensors-how-accurate-are-they.php

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