There was once a time that breathalyzer machines were largely thought to be inaccurate. In fact, a study done in 1985 specifically indicated that the machines used for measuring Blood Alcohol Concentration were unreliable, and “should not be used for scientific, medical or legal purposes where accuracy is important.” Since that time the technology has, been greatly improved, but that doesn’t mean that an experienced DUI lawyer can’t successfully get the charges dropped against a driver suspected of driving under the influence by questioning the machine.  There are a number of ways that this evidence can be thrown into doubt, and the experienced DUI lawyers at Jensen Bagnato, P.C. have experience in all of them.

One of the most recent examples of how breathalyzer results can be taken out of evidence was seen in the city of Philadelphia recently. In 2016 it was shown that in hundreds of cases of DUI arrests, the breathalyzer machines that were used had not been properly calibrated. Some people estimated that between 500 and 1,000 DUI cases were impacted by the fact that the bottles of solution used to calibrate the machines had expired. This meant that the tests that had been administered using those machines were inadmissible in court.

If you are pulled over on suspicion of driving under the influence, you should be aware that if you’re asked to take a breathalyzer test, you should take one, as saying no means an automatic loss of your license for one year. If given a choice between a breathalyzer test and a blood test, always opt for the breathalyzer, as it only tests for alcohol, while the blood test can also test for anything else in your system that may have made your driving suspect.

Though the breathalyzer tests used by the police are much more accurate than they once were, their improved technology has done nothing to make people any less prone to error, and it is in that area that an experienced DUI lawyer will be most able to provide effective legal assistance. We will request the maintenance records of the machine, as well as all information on the chain of custody for your test results and the training records of any personnel that administered or recorded the test. Even a small mistake on the part of the police can mean a big difference for you. Call us today to learn more about your rights in a DUI case and how we can help.