Breathalyzers are considered one of the most reliable instruments for determining an individual’s level of intoxication in Darien. Because they are heavily relied on by prosecutors and courts, many defense attorneys will try to fight the credibility behind the Darien breathalyzer. The biggest point of contention is often about the date it was calibrated.
There are rules and regulations that say how often a breathalyzer in Darien needs to be calibrated, which are used as guidelines for the courts. This is something that an experienced DUI attorney will take issue with. A knowledgeable lawyer will help an individual defend any charges they may be facing as a result of their breathalyzer test.Common Misconceptions
One of the most common misconceptions about Darien breathalyzers centers around their calibration. Many people, especially if they try to represent themselves, notice that the machine was not calibrated as often as it should be and believe they have a winning case. These individuals anticipate that they are going to get their license back and their case dismissed.
It is a misconception, however, that this date matters so significantly. Typically, a breathalyzer is calibrated at regular, set, intervals. It turns out that this date does not matter as much as individuals may think it should, and an accused person may still face charges regardless of the calibration of the machine.Inaccurate Readings
In some instances, Darien breathalyzers can provide inaccurate readings. There are a variety of elements that can determine whether an accurate reading is measured. Things like mouthwash, spray-on sunscreen, aerosol spray, or hand sanitizer could trigger a false positive or a reading higher than it should be.
The officer submitting the test should be watching the individual for a certain amount of time before they submit them to the breathalyzer. This is to prevent things like false readings from occurring.Element of Efficiency
Although mistakes can be made, individuals still choose to use breathalyzers in Darien because it is the most cost-effective and efficient way to get someone's BAC. If not for the breathalyzer, law enforcement would have to take either a blood sample or urine sample, which would involve a doctor, nurse, and a medical lab to process.
Basically, the police force has not found an easier or more reliable way yet to determine an individual’s BAC, so they continue to rely on breathalyzers.Inability to Perform
Sometimes, an individual receiving a breathalyzer test by an officer in Darien may suffer from asthma or another form of respiratory issue. An individual like this may have trouble giving the breathalyzer a good reading because of the small amount of air that is being fed into the receiving end of the device.
In a case like that, an individual should get in touch with an attorney who might be able to help them challenge this element, especially if the officers marked it because of the refusal. It can be argued that this is because of a health issue, and not simple refusal. Sometimes, an individual may be able to get the refusal overturned based on a person’s medical conditions.