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Is A Breath Test Reliable?

  • By James Cummings
  • Feb 18, 2015

One of the most adrenaline inducing moments of life can be when you see the flashing lights of a police cruiser in your rear view mirror after you’ve been drinking. The first few seconds can be the worst, and the anxiety that is produced lingers for days after the event. Anyone who has been in this situation is understandably scared, and wonders what the best course of action is to resolve the matter. Part of the confusion may stem from the process, and in particular the breath test. The facts are clear though: not all results are reliable. Human error plays a part in the testing, and since no one is perfect it is wise to challenge the validity of the test results.

Breath testing techniques do not always yield accurate results. There are several factors that play into the equation, and some common mistakes made when testing your blood alcohol include:  

  • An improper calibration of the equipment.  
  • An improperly administered test, such as in the situation where the one giving the test is not authorized to do so or is not properly trained.

The only way to determine if your test results are flawed is to conduct a thorough examination of both the administration of the test and the instrument itself.. This requires the use of trained legal professionals, and may even require the use of an expert. Key evidence might include a video of the actual stop, but if you fail to make a request for a copy you run the risk of the tape being recorded over and the evidence lost. To make sure you cover all your bases and obtain the best evidence for your case, act quickly by calling a qualified DWI defense attorney for assistance. We are experienced helping people fight DWI charges and work with you to develop strategies that work. We give individualized attention and look for facts unique to your case to present in your defense.

If you have been charged with DWI in eastern North Carolina and want more information about the reliability of the breath test, call a qualified criminal defense attorney for help. Contact The Cummings & Kennedy Law Firm to schedule a free consultation with an experienced eastern North Carolina criminal defense lawyer.