Just because you failed a breath test, that does not necessarily mean you are going to be convicted of DUI or DWI. It is certainly possible, as the law states that you are guilty if you have a breath test result in excess of 0.08%, which is the legal limit for the majority of drivers. Underage and commercial drivers have lower limits.
However, one important thing to keep in mind is that you can challenge the results of the breath test itself. What are some things that could make the results incorrect
The officer or the device
Perhaps you believe the officer made errors while giving you the test, so it is not an accurate result. Maybe the officer was never given the proper training on how to use the device and administer a test. If they did not know how to do this, there is no way you can trust the results. That means they may be deemed inadmissible as evidence.
Another issue could be with the device itself. Maybe you believe the breath test malfunctioned or was not properly calibrated. It is important for police departments not to be negligent with the hardware they use. They have to perform routine maintenance and calibration from time to time, and failing to do so may call into question all of the results given by that device.
Being convicted of drunk driving can result in fines, jail time, a license suspension and other related penalties. It is crucial that you fully understand all of the legal defense options you have and protect your rights.
