Anyone can be pulled over and asked to perform a Breathalyzer test. While one might think that only those who are guilty of drunk driving are measured to be over the legal limit, there are many reasons why this is not the case. Even if you measured over the legal limit of 0.08% blood alcohol concentration (BAC), there are many ways in which you can defend yourself.
All those facing charges have the opportunity to defend themselves, but many fail to do so adequately. If you are unsure of your defense options after being arrested on DWI charges, the following are some options that you may be able to take advantage of.
Show that the test you were subject to was inaccurate
Breathalyzer tests are performed on the field, meaning they must be small and simple devices. For this reason, they are known to be notoriously inaccurate and can lead to many false positives for drunk driving.
There are several ways in which a test can be inaccurate. First, if the device was not calibrated, it may have produced a highly inaccurate result, Second, a medical condition that you have may have led the device to produce a false-positive result. For example, if you suffer from GERD, there will be more alcohol in your breath, meaning that the Breathalyzer test will make an elevated estimation of your intoxication.
An invalid Field Sobriety Test was conducted
Field Sobriety Tests are, but studies estimate that they are only 70% accurate. Poor coordination or a health condition could lead you to fail a Field Sobriety Test even if you are completely sober.
There’s no evidence of you driving
You cannot be charged with a DWI if you did not operate a vehicle. Therefore if you were simply sitting in the car, you can defend yourself in this way.
If you have been, make sure that you take immediate action to aggressively defend yourself.