The use of breathalyzer test results is important for many drunken driving cases. A criminal defense attorney or criminal defense lawyer will be able to explain exactly how your test results will be used in court. However, you should understand the basics of the process before undergoing a test and before moving forward with your trial. Breathalyzers are the quickest and most accurate method for testing a person’s blood alcohol level. It is illegal to operate a vehicle once your level reaches a certain amount, so if you have been drinking and feel perfectly capable of driving, you might still get in trouble. If you are tested and your amount shows higher than the legal limit, you will get into trouble.

If you are pulled over for erratic driving or because an officer sees something they think is suspicious, they will administer a test. You can refuse it, but you are likely to be arrested for your refusal. Refusing the test can cause you to lose your license immediately. Taking a test might be beneficial to you if your limit is under or you are able to prove a faulty test, so it is usually better to accept the test and move forward with your defense.

Some people are even buying their own personal tests. This enables them to test their levels before driving. There is also talk of having breathalyzers installed into the vehicles of repeat drunk driving offenders. If they do not pass the test, their vehicle will not start. Though some might be concerned about personal tests, it can actually be a responsible decision on the part of someone who has been drinking. Instead of relying on their judgment about whether or not they are alright to drive, they can administer the test and use those results instead.

Some people are concerned about the accuracy of the tests. The machines need to be calibrated every so often to ensure accurate results. If legal counsel can prove the machine was mishandled and not set correctly, it might result in your being found not guilty. There have been instance of false positive readings because the machine was faulty. Because of this, the burden falls on law enforcement to prove their results were accurate.

If you have experienced legal counsel, they are able to request information concerning the care and maintenance of a breathalyzer. If you should be arrested and you know you are not driving under the influence, you can request a blood test. This will show the breathalyzer to be inaccurate and overrule the chargers. However, if you do not think about doing that while arrested, your legal counsel still has tools they can use to prove the results of the breathalyzer might be in doubt. The important thing is to make sure you understand how the results will be used and be sure you understand that there are instances when the results are not accurate. If you have been arrested for driving under the influence, it is essential you find a qualified, experienced representative to help you navigate the legal system effectively.

Author Bio: Stewart Wrighter recently spent time researching law firms with an Omaha Criminal Defense Attorney. He hired an Omaha Criminal Defense lawyer to represent his brother.

Category: Legal
Keywords: Omaha Criminal Defense Attorney,Omaha Criminal Defense Lawyer