Being arrested for DWI in Minnesota can be a scary and overwhelming situation. A conviction can mean jail time, significant fines, the loss of your license, and an impact on your job and reputation.
With so much at risk, you must consider every possible defense option. One that you may not have imagined is if the Breathalyzer device used for your test was faulty. If this was the case, it may have been the reason you were arrested when you should not have been.
Proper maintenance of Breathalyzer devices is essential
A breathalyzer test is administered through a handheld device that measures the alcohol content on someone’s breath. However, for this device to give an accurate reading, it must be calibrated and maintained. It is also necessary that the officer administering the test knows the proper way to do it.
If the test is administered with an “error” message or provides inconsistent results, it needs calibrating. Companies that manufacture the testing devices recommend that they are calibrated at least once per month to ensure they continue providing accurate readings.
Gathering evidence that the test was inaccurate
If you believe the breath alcohol content (BAC) test you took was inaccurate due to the machine’s improper maintenance, calibration issues or lack of officer training, these could be viable defenses against the charges you are facing. In most cases, a careful evaluation of the device used and an investigation into the officer’s training will be necessary to prove this is what happened.
While it may seem like a difficult process, proving that the breathalyzer test or method it was administered was faulty can lead to the charges against you being dropped. Knowing your defense options will help you with the charges you are facing.