Even if You Failed a Breathalyzer, Don't Panic You've Have Options.
Just because you blew over the legal limit doesn't mean your DUI case is a lost cause. I've handled plenty of DUI cases where my clients failed the breathalyzer, but we still got the charges reduced or even dismissed. And I'm confident there will be more wins like that in the future.
So if you failed a breath test, don't just sit back and take it. Now's the time to fight back. There are plenty of ways to challenge the results, you just need an attorney who knows DUI law inside and out.
1. Getting the Breathalyzer Results Thrown Out
One of the first things I look at in any DUI case is whether we can get the breath test kicked out. There are a few different ways this can happen:
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Illegal Stop: If the police didn't have a valid reason to pull you over, anything they found after that, including the breath test, could be tossed.
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Improper Arrest: If they arrested you without probable cause or didn't follow the right steps, that's another red flag.
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Mistakes in Procedure: Cops have to follow strict rules when giving a breath test. If they skipped a step or did something wrong, that could be enough to keep the results out of court.
There are a lot of legal hoops the police have to jump through to get breathalyzer results admitted as evidence. If they mess up any part of it, that can work in your favor.
2. The Officer's Training Matters
Another angle we look at is the officer who gave you the test. Believe it or not, officers sometimes let their certification lapse, and they give tests they're no longer legally allowed to administer.
Even if their credentials are up to date, we also look at how they handled the stop and the arrest. If they didn't follow proper protocol, or if they made a mistake, that can cast doubt on the whole case.
3. Was the Machine Accurate
Breathalyzer machines have to be regularly tested and calibrated, usually every 30 days. If the machine wasn't up to date on maintenance, the results might not be valid.
Also, the results themselves matter. If the two breath samples you gave were way off from each other, that's a sign the machine might not have been working right and the results may not be used.
4. Did They Send You the Results?
In most states, the police are required to give you a copy of your breathalyzer results within 72 hours. If they don't, that's another issue that could help your case.
5. Body Cam Footage Can Reveal Mistakes
Most officers now wear body cameras, which means we can often review exactly what happened during the stop and arrest. I've seen plenty of cases where the footage didn't match the report—or showed the officer making mistakes. That kind of evidence can be incredibly helpful in court.
Don't Give Up
Failing a breathalyzer doesn't mean you're guilty. There are so many ways to challenge the results, poke holes in the process, and expose errors, whether it's with the officer, the machine, or the way things were handled.
If you're serious about fighting your DUI, you need a lawyer who's not just going through the motions, but someone who's going to dig deep into your case and look for every possible angle.
Don't just roll over. Get a solid DUI attorney who knows what they're doing, and go win your case.