When a person is charged with driving under the influence in Delaware, the breathalyzer evidence will be key. People might be under the impression that these tests are always accurate and there are no avenues to call them into question. In truth, there is a protocol that must be followed and other factors that can render the evidence inadmissible.
There are ways to question breathalyzer tests
Drivers need to know the truth about breathalyzer tests. They can be questioned over a lack of reliability and not being calibrated correctly.
Regarding reliability, the machine itself reading a person’s blood alcohol concentration as being above the legal limit does not automatically mean it is accurate. Calibration is also crucial. The device must be regularly serviced to ensure proper operation.
The officer must follow the rules. That includes being trained to use the breathalyzer. Checking to see if they have been trained may be worthwhile when fighting a DUI charge as part of a criminal defense.
Officers cannot make the traffic stop unless they have probable cause. There must be reasonable suspicion to make the stop such as a clear indication of possible intoxication that includes driving too slowly or changing lanes erratically. During the investigation, the officer must assess the potential for a DUI by seeing bloodshot eyes, slurring words or smelling alcohol.
A breathalyzer test is not guaranteed to result in a conviction
With these factors coming into play, drivers who were charged with DUI should not simply accept a breathalyzer test at face value if it says they were under the influence. If there were issues with the machine or the officer, this can result in the evidence being thrown out and help with a positive result in the case.
