When someone is arrested on DWI charges, the police will gather evidence to support this claim. This can start with the officer’s testimony of driving behaviors they observed, for example, or whether or not they smelled alcohol on the person’s breath. The officer needs to establish reasonable suspicion for the initial traffic stop.
But one of the main forms of evidence that officers will gather comes from giving that driver a breath test. This test can establish their blood alcohol concentration (BAC). If they have exceeded the legal limit, then the court can presume that they were impaired. Though there are lower limits for underage drivers and commercial drivers, the majority of drivers have a legal limit of 0.08%.
Are the results accurate?
Even when someone fails this breath test, such as an adult driver who has a BAC of 0.09%, there may be ways for them to challenge that evidence.
One potential issue is if the breath test was not calibrated and maintained by the police department. Periodic calibration is necessary to ensure accuracy. If the department neglected the test and never performed this calibration, then the results could be off.
This is especially important in a situation where the person is close to that legal limit, as in the example above. Even if the breath test is slightly off, they may not have actually exceeded the limit. When using this type of evidence against a person who is facing jail time, fines and a license suspension, it is crucial to establish that the evidence itself is accurate and trustworthy.
DWI defense options
This is just one example of how a person can challenge breath test results and defend themselves against DWI charges. Those facing criminal charges must know exactly what legal steps to take.