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Can I defend against a DUI if I blow positive?

On Behalf of | Jun 1, 2021 | DUI Defense |

If the police stop you, ask you to blow into their Breathalyzer, and you test positive, you might assume it will result in an automatic DUI conviction. You might consider there is no way to challenge what the machine says.


When you know you are innocent, it is always worth looking at ways to defend yourself. Too many people are wrongly convicted of crimes because they do not realize they can fight the charges.


How can you overturn a DUI charge?


The first step necessary to fight a DUI charge is to seek legal help. You are up against people who know the legal system inside out. If you try to take them on alone, your inexperience and lack of knowledge will play into their hands.


There are several ways to challenge a DUI charge based on a Breathalyzer reading. You can challenge the police that carried out the stop, or you can challenge the machine itself.


The police cannot stop who they like whenever they want and ask them to blow into a Breathalyzer. As a citizen, you have a right to go about your daily life unmolested. There are strict rules limiting how and when the police can stop drivers. If they broke the rules, a court might consider the stop and test invalid.


Breath testing machines are not without their problems. Like any piece of electrical measuring equipment, they can go wrong. Finding out whether the police force has kept the machine maintained and calibrated as per the schedule is crucial. If someone dropped the machine, that might also affect it.


These are just two of the ways to challenge a DUI charge. Finding the best line of defense for your particular situation is crucial to preserving your license.