After reviewing the output of a breathalyzer device, a law enforcement officer may believe they have enough reason to arrest you on suspicion of driving while intoxicated (DWI) by drugs or alcohol. While you may assume that the results are tangible, black-and-white evidence against you, you may still have an opportunity to challenge their inherent legitimacy and credibility. With that being said, please read on to discover what happens if you make a legal argument against your breathalyzer test results and how a seasoned Gloucester County DWI lawyer at The Vigilante Law Firm, P.C., can help you do this successfully.
What is a breathalyzer test supposed to measure?
First of all, a breathalyzer device is supposed to estimate your blood-alcohol content (BAC) level indirectly by measuring the concentration of alcohol in your breath. Specifically, it takes the amount of ethanol (i.e., the type of alcohol used in alcoholic beverages) in your breath and uses a conversion ratio (i.e., 2,100:1) to approximate your corresponding BAC level. This is because alcohol is known to evaporate from your blood and enter your breath as you exhale.
And so, if a law enforcement officer reads that your supposed BAC level is at 0.08 percent or anything higher, they may initiate an arrest against you. Soon after, you may be expected to defend your case before a New Jersey criminal court, and fight off any criminal consequences of a potential first or subsequent DWI offense.
What happens if I make a legal argument against my breathalyzer test results?
You may assume that it is challenging to fight against the BAC level that a breathalyzer device reports. However, it is not impossible. That is, even if your resulting BAC level was at 0.08 percent or higher, you may make a legal argument that the device was improperly calibrated or poorly maintained and thereby produced an inaccurate percentage. By challenging the test results in this manner, you and your lawyer may successfully reduce the DWI charges and penalties the New Jersey criminal court decides to pin against you. Ideally, you may be able to get the court to conclude that the breathalyzer test results and other evidence against you are unreliable and dismiss your case altogether.
Another legal argument you may make is that the arresting law enforcement officer conducted an improper traffic stop. That is, they may have pulled you over without observing a traffic violation or otherwise without having any reasonable suspicion that you were committing a criminal activity. Or, they may have failed to read your Miranda Rights while initiating your arrest. Either way, your lawyer may work on your behalf to file a motion to suppress evidence collected during the unlawful arrest, including your breathalyzer test results. With losing significant evidence against you, the prosecution may drop the case.
We can sympathize with how daunting this whole legal battle may be for you. Well, lucky for you, the team at The Vigilante Law Firm, P.C., has successfully gone through this countless times before. So please, retain the services of one of the experienced New Jersey & Pennsylvania criminal defense lawyers today.
