Elton Jenkins Law, P.L.L.C.

Does failing a breath test immediately indicate a DUI conviction?

After partying with friends or celebrating with coworkers, you choose to drive home after drinking. Though you thought you would prove under the legal limit, after an officer pulled you over on a DUI suspicion, you breathalyze over .08% BAC. You may believe you cannot possibly avoid the serious punishments a DUI conviction can bring in Oklahoma.

Criminal defense attorneys have years of experience defending DUI charges due to breathalyzer evidence. Many individuals do not know that multiple defenses exist that may alleviate the possibility of a conviction. It is essential, however, that when dealing with breathalyzer evidence and a potential DUI, you hire a knowledgeable, aggressive attorney willing to fight for your right to try to avoid penalties.

Common defenses to a failed breathalyzer

In the United States, you remain innocent until proven guilty in court. A judge may hear your case, evidence may require presentation, and a final verdict will indicate whether you will receive associated punishments for a DUI.

Before going to court, your attorney will determine whether evidence exists that would dissuade the court from assigning DUI penalties to you. Your attorney may determine:

  • The officer did not read your Miranda Rights during your arrest.
  • The officer conducted the breathalyzer test illegally.
  • The officer had no probable cause to pull you over.
  • The officer incorrectly administered the breathalyzer.
  • The officer did not take sufficient notes on your arrest.
  • You have a medical condition that brings a high breathalyzer reading.
  • The breathalyzer proves faulty.
  • The officer failed to ask if you consent to the test before administering it.

During a presentation of evidence, an officer may give the court a report that shows that your BAC level tested over the legal limit due to your preliminary breath test. Perhaps you passed the field sobriety test, which included the officer testing your cognitive ability and motor skills, but he or she still felt that you may have driven under the influence of alcohol.

Your attorney will then present all evidence related to helping you avoid conviction, including the officer's mistakes. Because you may not have specific legal knowledge regarding the DUI conviction process, you must consult an attorney before attempting to represent yourself in court. You want to utilize the best defense in avoiding conviction, but know that if you are arrested after a failed breathalyzer test, you may have multiple ways to defend the charge in court. 

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