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Breath tests aren't always accurate


When you're pulled over on suspicion of drunk driving and the breath test says that you are over the legal limit, you may be stunned. You may tell the police officer that it can't possibly be right. You know you didn't have enough to be over the limit. The officer, though, might tell you that the breath test is accurate and that he or she can arrest you for a DUI.

This is partially true. The "positive" test is grounds for an arrest, and you should never attempt to resist arrest, even if you think you're not guilty.

Instead, remember that you don't actually have to convince the police of your innocence. They have very little to do with the outcome of the case. Instead, you need to get to court and focus on showing the judge and jury the truth. They're actually the ones who will decide the outcome, not the police, who merely make the arrest.

Breath tests have been proven to be inaccurate in the past. Some people have blown twice and gotten different results, even though the tests were conducted at the same time. One judge determined that a specific brand couldn't be trusted at all since it wasn't "scientifically reliable."

These are just two examples, but cases like these help to set the precedent. They show that these devices can't always be trusted and that they have been proven inaccurate before. If you're shocked by the reading, you very well may have a right to be. It's important for you to know how to proceed in terms of doing research, forming a legal defense, and showing the court that you never did anything wrong.

Source: FIndLaw, "5 Potential Ways to Challenge a Breathalyzer," Brett Snider, accessed March 03, 2017