QUESTION
Can I challenge the results of my breathalyzer test?
Asked on Dec 21st, 2012 on DUI/DWI - South Carolina
More details to this question:
Okay so I was at a buddy of mine's house for an hour tops. While I was there, I had one drink. I'm a pretty regular drinker and I'm an above averaged sized male. Honest to God I only had one drink. Well, I got pulled over and the cop had me do a breathalyzer. He said I blew a .12, which just isn't possible. I had one drink. Is it possible that it was a faulty breathalyzer? Am I just stuck accepting these absurd results or can I fight this thing?
10 ANSWERS
William C. Gosnell
You can fight this result. Hire a criminal defense lawyer and task him with finding an expert.
Answered on Jan 03rd, 2013 at 2:29 PM
Geoffrey MacLaren Yaryan
There are ways to challenge the results. The first thing that you or your attorney should do is ask the prosecution for the calibration records for the particular machine used. If it is not operating correctly these records may should that.
Answered on Jan 03rd, 2013 at 5:03 AM
Michael J. Breczinski
Yes you can. You will need a lawyer, the people that were there where you were drinking and an expert on the breathalyzer machine.
Answered on Dec 28th, 2012 at 3:18 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Of course you can fight it, but it will be expensive. You will need to hire an expert to testify on your behalf at the trial and an experienced DUI attorney. Whether or not you will win is to be seen.
Answered on Dec 28th, 2012 at 3:18 PM
Yes, the breath test is notoriously inaccurate, especially if there is recent consumption of alcohol (versus several hours prior). You need to hire a DUI specialist, and do it soon because you have only 10 days to save your license.
Answered on Dec 28th, 2012 at 3:17 PM
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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Fight it! Hire a lawyer and be prepared to go to trial. Hire a lawyer immediately so they can use your administrative license revocation hearing to gather information. (You must make a request for the hearing within 15 days of your arrest or your license is automatically suspended on the 40th day after your arrest.) People are found not guilty all the time despite a breath test result allegedly over the limit.
Answered on Dec 28th, 2012 at 3:16 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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See an attorney, sounds wrong to me but would need all of the details.
Answered on Dec 28th, 2012 at 3:16 PM
Gary Moore
You can challenge the test result.
Answered on Dec 27th, 2012 at 9:14 PM
Automobile Attorney serving East Lansing, MI
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Nichols Law Firm PLLC
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Absolutely. Contact a qualified DUI attorney immediately.
Answered on Dec 27th, 2012 at 9:05 AM
Family Law Attorney serving Bluffton, SC
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Peacock Law Group of the Lowcountry, LLC
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In SC, you have a right to challenge, among other things, breath analysis results in relation to a DUI charge. No action and/or inaction should be taken based upon this information and this information should not be applied to any situation(s) without first consulting with a local attorney in person in regards to these matters.
Answered on Dec 27th, 2012 at 9:05 AM