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Will a DUI case be dismissed if the breathalyzer machine is improperly calibrated?
Question:
Will a DUI case be dismissed if the breathalyzer machine is improperly calibrated?
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Get Informed - DUI/DWI Law Information
We've got a large library of DUI and DWI law articles, Q&A's and other resources. Start here to learn about DUI laws, arrests, defense, penalties and more.
DUI Basics
Get the low down on the law and what you can expect if you're arrested and charged with a DUI.
Get the low down on the law and what you can expect if you're arrested and charged with a DUI.
Your DUI and the DMV
Besides the court and criminal charge the Department of Motor Vehicles will also bring you grief.
Besides the court and criminal charge the Department of Motor Vehicles will also bring you grief.
DUI Arrests, Police Reports, Arraignments, and Fees
After you're arrested, booked and released, you'll need to get ready for your arraignment.
After you're arrested, booked and released, you'll need to get ready for your arraignment.
DUI/DWI Charges and Penalties
After a DUI conviction expect fines, license suspension, DUI school, and sometimes jail.
After a DUI conviction expect fines, license suspension, DUI school, and sometimes jail.
Fighting a DUI
You may have options to lessen the sentence, get a reduced charge or get the case dismissed.
You may have options to lessen the sentence, get a reduced charge or get the case dismissed.
Getting Help with a DUI/DWI Charge
There are some things you can do yourself and some which require the help of an attorney.
There are some things you can do yourself and some which require the help of an attorney.
Making a DUI defense depends entirely on the facts of a case. If you know that the breathalyzer reading was not accurate based on the amount of alcohol you consumed or based on the fact that you did not consume alcohol, it may be that your case is a result of a faulty breathalyzer machine.
Getting a Case Dismissed
Getting a DUI case dismissed can occur when the evidence is so substantial that the charges cannot stand. It may be difficult to prove that a breathalyzer machine was faulty at the time it was used in your case; however, other evidence can be used to establish a faulty machine. If you did not consume any alcohol or if you did not consume the amount of alcohol necessary for the machine to be accurate, having others testify on your behalf as to the facts of the day in question can be evidence that the machine was inaccurate. This evidence may not be sufficient for case dismissal, but it can be used prior to or during trial to cast doubt.
Hiring a Lawyer
If you are not guilty of the charges against you, the best way to handle your case is to hire a criminal defense attorney who has experience handling DUI cases in your state. An attorney will be able to present the evidence and negotiate with the prosecution or go to trial based on the facts and evidence available.
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