The situation might seem impossible if you were charged with driving under the influence after failing a DUI test in Rochester. However, blood alcohol content tests are not always reliable and can be challenged under certain circumstances. If you failed a chemical test after being charged with operating while intoxicated, contact a DUI lawyer for legal assistance challenging DUI tests in Rochester.
A lawyer could examine your case to identify areas that could be challenged. If a DUI test was improperly administered, the results could be challenged in court. The best way to challenge the results of a DUI test is with the assistance of a lawyer who understands the legal requirements for administering DUI tests, including breathalyzer tests.
Legal Reasons for Challenging DUI Breath Test ResultsOne reason for challenging a DUI breath test in Rochester is the improper administration of the test. For example, the police officer administering the test must first observe the driver suspected of driving under the influence for a full 15 minutes before administering the breath test. Observing a driver for less than 15 minutes before administering the test may constitute grounds for contesting the results.
The results of a DUI breath test could also be challenged if the machine used to administer the test was not properly calibrated at the time. Additionally, the law requires that breath test machines be tested once per week and additionally once per quarter. If the machine’s calibration is not tested, as necessary and adjusted as needed, or if the machine has not been otherwise maintained according to schedule, the results of any breath test could potentially be incorrect.
Another reason for challenging the results of a DUI breath test is that the police officer administering the test was not trained or certified to operate the breath test machine. If the breath test was administered by an officer who never received the proper training, then the results of the test could be contested. There also many medical reasons a breath test could be inaccurate and read too high. A DUI attorney could outline many additional reasons for challenging a DUI breath test administered in Rochester.
Challenging a DUI Test Based on Lack of Probable CauseEven if a DUI test was administered properly and was functioning correctly, it is still possible to challenge the results of the test if the probable cause could not be clearly established. Probable cause may be a factor in a DUI case when a driver was initially pulled over for another reason such as a minor traffic violation.
After stopping a driver for allegedly rolling through a stop sign, an officer determines that the driver appears to be impaired and administers a DUI breath test. If the driver fails the breath test, they could be charged with driving under the influence of alcohol.
However, if it is later determined that the driver came to a complete stop, then the officer lacked probable cause to pull over the driver. If there was no probable cause, then the results of a breath test could be inadmissible as evidence of driving under the influence. A Rochester lawyer who understands how to challenge a DUI test based on a lack of probable cause could fight to disqualify improperly obtained evidence to help dismiss charges.
Contact a Rochester DUI Lawyer to Challenge a DUI Test TodayYou do not have to settle for the results of a DUI test when law enforcement has made errors in getting it. You may be able to challenge a DUI test based on several factors. Contact a local criminal defense lawyer for help challenging DUI tests in Rochester. Schedule a consultation to begin working on your case today.