Calibration matters: Defend against drunk driving charges

On Behalf of | Jul 17, 2020 | DUI |

Living in Mississippi, you already know that the state has some significant penalties for those who are convicted of drunk driving. You want to do anything you can to avoid being someone who ends up with that conviction.

Unfortunately, you were stopped and accused of driving while intoxicated. You knew that it had been hours since you had a drink, so it didn’t make sense. Despite that time, the Breathalyzer came back to show that your blood alcohol concentration (BAC) was .05%, .08% and .04%. You asked the officer if the results were usually that far off from one another, but he didn’t answer and simply arrested you.

It’s important for you to know that Breathalyzer tests should be maintained and administered correctly. If they are not, then you may be able to get the case against you dropped. For example, if you burped during the test, it may have increased your BAC. If the device was not correctly calibrated, then it may have misread how much alcohol you had in your system.

Breath tests should have two measurable readings that fall within .02% of each other. If they do not, then that is a sign that something could be wrong with the test. Your attorney can look at the specifics of your tests, such as how far apart they were, and see if the machinery was on a list of acceptable devices.

When it comes to drunk driving defenses, there are many factors that play a role in protecting your rights. Be honest with your attorney, so they know what to expect and which avenues to pursue.