Can I fight my DUI if the breathlyzer machine wasnt working?
Arresting officer couldn't get the machine working and even said I hope I can get this working. I know that the intoxilyzer 5000 was used. I've heard that this machine has some faults and in my case it did. They couldn't get it working for a couple of minutes. Could this give me a reasonable cause to fight this DUI? Could the calibration of the machine have been wrong?
Answered By: Cynthia Henley, Lawyer
The State prosecutes cases all the time with no breath test when the accused refuses so just based on the failure of the test to work an answer cannot be given. You need to consult with a lawyer who can review the offense report, the video, and if the test did eventually take, the records of the machine to see if there is a basis to suppress the results. Even if you fail a breath test it does not absolutely mean that you will lose.
Answer Applies to: Texas
Replied: 9/8/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Texas
Replied: 9/8/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Mark Thiessen, Attorney at Law
The Intoxilyzer has multiple problems with it. However, you are going to need a skilled DWI trial attorney to handle and fight a breath test. Only about 5% of the attorneys out there can fight a breath test and actually win. Depending on the county you are in, I would recommend you hire me or look for an attorney with The National College of DUI Defense (NCDD).
Answer Applies to: Texas
Replied: 9/8/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Texas
Replied: 9/8/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
More Questions on DUI
- What do I need to do to get this reduced to dry reckless?(12/8/2011)
- How can I get my license back after four DUIs?(12/8/2011)
- What states require an ignition interlock device after a DUI conviction?(11/17/2011)
- How does a DUI impact someone with misdemeanor charges?(11/10/2011)
- What happens if you get a DUI while driving on a suspended license?(11/9/2011)
- What is the first step after being released and charged with DUI?(11/8/2011)
- What is considered failing on a DUI field sobriety test?(11/7/2011)
- Can my DUI case be dismissed if the officer didn't read my Miranda Rights?(11/4/2011)
- Under what circumstances can I be charged with a DUI?(11/2/2011)
- How can I qualify for a wet and reckless driving charge instead of a DUI?(10/28/2011)
- Do I need to appear in person in court for my DUI trial?(10/27/2011)
- What happens if you refuse to take a breathalyzer test?(10/27/2011)
- Can I still get auto insurance after a DUI?(10/27/2011)
- Can I get a DUI while on marijuana instead of alcohol?(10/25/2011)
- What are the best tactics used to lower DUI penalties?(10/20/2011)
- Can a police officer pull you over for no reason?(10/17/2011)
- What is the best way to lower a DUI fine?(10/14/2011)
- Is a second DUI a felony charge?(10/5/2011)
- What will happen to me if I am convicted of a DUI?(10/5/2011)
- Does a first offense DUI affect my ability to get a job?(9/27/2011)
