If you are facing charges of drunk driving in Illinois, you know you are up against something that could change the course of your life. These are serious allegations, and a conviction could result in penalties that will affect your personal and professional life for years to come.
Part of a strong defense in a DUI case is a critical look at the Breathalyzer test. These devices can malfunction for various reasons, skewing results and affecting criminal cases. If there were problems with your test, it is possible you could have grounds to challenge these test results.
These are some of the common problems with Breathalyzer test results.
External factors to consider
While Breathalyzer tests are typically reliable, there are many parts to the process that can go wrong and produce an inaccurate result. Law enforcement officers are responsible for keeping up with their training to use and maintain Breathalyzer devices properly. Some critical factors to consider regarding the accuracy of these devices include:
- Calibration and replacement of batteries to give accurate results.
- Misuse and human error
- Fumes, chemicals and other environmental factors
- Software errors and malfunctions
Challenging the results of a Breathalyzer device requires complex legal analysis and must be done early in the case. It is important to talk to an attorney right away so that challenging a Breathalyzer result remains an option.
Am I better off refusing?
It may be tempting to refuse to take a Breathalyzer test if you know you are at risk for a damaging result. In Illinois, there are serious consequences for refusing a Breathalyzer.
If you refuse to submit to a breath test, you may face automatic suspension of your driver’s license. In some areas, officers can also get an e-warrant for a blood test if you refuse the Breathalyzer.
DUI charges can have severe consequences on your life and your career. It is essential to talk to an experienced attorney early after your arrest so you can get started on a strong defense.