A good defense can counter a breath test result

Posted on July 17, 2015 in Breath Test Refusal

If you are pulled over in Arizona and you know you have been drinking, you may be worried about the potential consequences of submitting to a breath test. After all, if your blood alcohol concentration is over the legal limit of 0.08 percent, you could be charged with drunk driving. However, you may also know that refusing such a test can result in thesuspension of your driver’s license, which could be extremely inconvenient.

Unfortunately, you may feel pressured at the time to make a decision and after the event it is possible that you might decide that you chose incorrectly. However, whichever option you go with, all is not lost as a good defense could still protect you from conviction.

There are many reasons a breath test may be incorrect, such as a poorly maintained machine or an officer who has not been correctly trained in its use. During your trial you might decide to request records of maintenance and training to ensure that all of these details are in order.

If you refused a test, you might still be charged on grounds such as the smell of alcohol on your breath or failure of a field sobriety test. Even then, there are various lines of defense that could work in your favor, so it is important not to lose hope.

If you have been charged with a drunk driving offense or you are worried about your decision to take or refuse a breath test, our page on DUI charges may be able to answer some of your questions. You might also benefit from the guidance of an attorney, as he or she may be able to advise youabout your options and help you ensure that your version of events is heard by the court.