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Breath & Chemical Tests

It is common to have breath and chemical tests if you have been pulled over under suspicion of DUI.  Ordinarily, you may first be asked to do several Field Sobriety Tests.  These tests are highly unscientific and the results are in question.  However, if you "fail" the tests, it may lead to a breathalyzer test.  You cannot refuse the breathalyzer test unless you want to be charged with a DUI and lose your license.  You are required by law to take the test.   If you have taken the breathalyzer test and been arrested and charged with a DUI, it is critical to get legal representation from a North Shore DUI Defense Attorney without delay.

The breathalyzer test has a certain level of inaccuracy even when the testing equipment is working perfectly and the test is correctly administered.  However, the testing equipment can be poorly maintained or calibrated, and some of the testing devices are "lemons" just like any other product, and frequently register wrong readings.   With a full investigation of the device used in your breathalyzer test it may be discovered that there were problems with the device and this can be a powerful defense on any DUI charge.  Even when the testing equipment was perfectly calibrated and maintained, there is a degree of error that is inherent in these tests, and your case can still be defended based on the margin of error that a breathalyzer has.

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Even though the breathalyzer is the usual tool in finding DUI drivers, there are so many potential areas of error, that the evidence can be aggressively challenged.  As the prosecutor must prove you were driving drunk "beyond reasonable doubt", bringing into question the accuracy of the device, the readings and the way the test was administered can be a compelling defense for you in court on DUI charges.

Breathalyzers can also read on other compounds such as medicines and mouthwash.  If you have been in an accident and there is blood in your mouth from the impact, the device will read on the blood in your mouth, and you could be accused of being DUI and causing the accident, which is in many cases far from the truth.  It is extremely important that you have a skilled North Shore DUI Defense Attorney fighting for you to protect your future.

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