It is basically universal that if you are arrested for DUI, part of the process will be for you to take a breathalyzer test. These machines are generally calibrated (standardizing their readings) once every three months. If they are not calibrated, then their results can be skewed,
either in the direction indicating more intoxication, or less intoxication.
Many defense attorneys are keen to this knowledge and most police departments make very certain to ensure that their breathalyzers are calibrated on a standard basis. However, mistakes do occur and a good defense attorney will follow up on every possible protection of your rights and liberties. All breathalyzers involved in a defendant's case
should be rigorously reviewed.
A recent case in New Jersey involved a man who was convicted of DUI with evidence collected from a breathalyzer with two probes. The defense attorney pleaded that even though the machine had been calibrated, the two independent probes had not. This argument failed to convince upon
appeal.
If you live in Burlington, Essex, Colchester, Winooski, Williston,
Shelburne, or anywhere in the state of Vermont, and have been arrested
or charged with DUI or any crime, call Handy Law for aggressive and
experienced legal defense.
Blog
25May 2021