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What factors may affect the accuracy of a Breathalyzer test?

Drinking and driving are activities that simply should not go together, considering the enormous risk that drunk driving poses to the safety of the driver and others on the road. However, it is still important to fight any drunk driving charges that you receive, to ensure that that your rights remain secure and that the prosecution does not unfairly punish you because you didn't put up a fight.

When an officer stops you in the field on suspicion of drunk driving, the officer may use a number of tests to determine whether or not you are actually under the influence. Depending on the actions that the officer takes as he or she administers the test, you may have opportunities to challenge the accuracy or the administration of the test itself.

While the techniques and tools used to determine sobriety in the field are impressive, they are not foolproof, and many factors may affect them unfairly. If, for instance, a police officer administers a Breathalyzer but does not properly calibrate the equipment before doing so, an attorney may use this as grounds to dismiss the results of the test.

Other factors, such as the experience of the officer, or vomiting and indigestion on the part of the driver, may affect the test as well. These are only some of the many, many moving parts that an attorney must consider as he or she helps you build a strong defense against drunk driving charges. Be sure to use all the tools at your disposal to protect your rights and ensure that you do not suffer unfair sentencing.

Source: Findlaw, "Defenses to Drunk Driving," accessed Nov. 17, 2017

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