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You can fight inaccurate Breathalyzer test results

You were driving and may have gone across the center line once or twice as a result of inattention. You quickly readjust your vehicle and pay better attention to the road, but it's too late. A local cop has noticed your actions, and he's now pulling you over.

You had a few drinks, but you know it wasn't enough to put you over the limit. You ate dinner with your drinks and even waited an hour before leaving. You had coffee before you went home and didn't have any signs of intoxication.

Despite this, the breath test the officer asks you to take comes back over .08 percent. How is that possible? You know that it can't be accurate. You ask to take the test again, and it comes back at .05, quite a bit off from the first reading.

This is a situation that can occur if a Breathalyzer has not been calibrated correctly. When the Breathalyzer isn't calibrated, it misreads the amount of alcohol in your breath. That can lead to false accusations and inaccurate evidence.

Breathalyzers need to be calibrated in accordance with state laws. The person who gives you the test also has to have a certification to do so. The Breathalyzer also has to be on a list of acceptable devices; if it's not, then your attorney can work to have the evidence against you sealed from the court, so the prosecution doesn't have evidence for a conviction.

Other things that can throw off a test are if you burp, smoke or eat before the test. If the measured readings aren't within .02 of one another, then your attorney can also argue that the Breathalyzer malfunctioned or that one of the above actions affected the test.

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