How likely is a DUI case to be dismissed based on faulty breathalyzer equipment?

When making a DUI defense, there are a number of arguments you can put forth. One argument is that there was something wrong with the breathalyzer. A breathalyzer is a piece of mechanical equipment and, like most machines, this means it is not always going to work perfectly and that there is room for error. Breathalyzers also have to be calibrated periodically and the officers who use them have to be trained to do so.

This means that some people try to fight their DUI charges by arguing that:

• The breathalyzer was not calibrated according to the manufacturers instructions and thus there was some problem with the machine
• The officer who administered the test did not properly keep up with his training and certification

If you plan to make one of these arguments, the strength of your case will depend on:

• Whether you were also given another type of BAC test, such as a blood test
• Whether there was actually a problem with the breathalyzer
• How strong your evidence is, including expert witnesses, as to the problem
• How far above the legal limit you were

If you plan to fight your DUI using any argument, including the faulty breathalyzer argument, it is important to speak with an experienced DUI attorney as soon as possible so your lawyer can help you to gather the evidence you need to win.