How can i win a DUI charge if my breathalyzer test was over 2 times limit?
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How can i win a DUI charge if my breathalyzer test was over 2 times limit?
It was .10.
Asked on June 16, 2016 under Criminal Law, Alaska
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
There are different strategies that can be used:
First, you can challenge the basis of the stop. If the stop was illegal, then any evidence, including the breath results, could potentially be thrown out.
Second, you can challenge the scientific reliability of the breath test. Those have been successfully challeged in the past. It's not a slam dunk, but it is an option.
Third, you can challenge the administration of your test. You may be able to argue that it was not properly administered such that the results are not valid.
There may be other options... but you really need to review all of the facts of your case with an attorney. Once they see a report or hear more facts, you may have other valid challenges to the arrest, the stop, or the testing procedures.
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