When you were stopped and charged with a DUI, there was one thing that stuck out to you. The officer didn’t just have you take the Breathalyzer test twice. He asked you to do it several times, resetting it halfway through the test in two cases. You weren’t sure why because you were doing as he asked.
He let you know that you were over the limit, but you know that the tests weren’t all equal. One came back at .06%. Another said your blood alcohol content (BAC) was .07%. The next two were .05% and .04%. It wasn’t until the fifth test that he got a reading of .08%.
The numbers here are all over the place, which is why it may be a good idea to talk to your attorney about the potential for the test to have malfunctioned. When a Breathalyzer test is given, the results should fall within .02% each time. For example, the first two tests at .06% and .07% were within a normal range. However, the jump from .04% to .08% was not normal.
There is a chance that the test had not been calibrated correctly or that the officer did not give the test in the right way. There are also other reasons why your tests may have been inaccurate, such as if you recently used mouthwash or if you burped during the test.
If you believe that the Breathalyzer test you were given was inaccurate or that the tests were not given appropriately, speak up. Your attorney can go through the evidence collected and help defend you against the results.