You’ve been pulled over. The officer is asking for your license and registration and then—to your surprise—asks you to step out of the car for a breathalyzer test. You comply and blow into the device confident that you’re not drunk. But, the test results come back: “positive.” The officer tells you that you’re being arrested for driving under the influence.
What do you do next?
If you’ve been falsely charged with DUI based on a breathalyzer test, it’s important to know your rights and what to do next. Contacting a DUI lawyer in Indianapolis from the Rathburn Law Office P.C. is your best bet. We will help you through the process and ensure that your rights are protected. Don’t try to fight the charge on your own—get professional help.
In this article, we’ll walk you through the process of contesting a false positive breathalyzer test and getting back on the road.
What to Do After a False Positive Breathalyzer Test
If you get a false positive from a breathalyzer test, you first need to contact a DUI lawyer in Indianapolis. A false positive can lead to serious consequences, and you need to make sure that you have someone on your side who knows what to do.
The next step is to gather any evidence that can help your case. This includes witness statements, medical records, and photographs of the breathalyzer test equipment. Make sure you keep a record of all the contact information for everyone involved in your case and the date and time of each meeting or phone call.
The sooner you start dealing with the aftermath of a false positive breathalyzer test, the sooner your life will be back on track.
How To Handle The Fallout Of A False Positive Breathalyzer
If you receive a false positive result from a breathalyzer test, it’s crucial to act promptly. Contact a skilled DUI attorney immediately to guide you through the legal process and protect your rights. Your attorney can help gather essential evidence, such as witness statements and medical records, to challenge the false positive readings. Understanding the nuances of certain breathalyzer tests and how they can produce inaccurate readings is vital for mounting an effective defense.
Collecting comprehensive documentation is critical. Ensure you have a detailed account of your actions and environment at the time of the test. Note any substances you may have consumed, such as medications or mouthwash, that could contribute to a false positive result. This information can help your attorney demonstrate that you did not consume alcohol, and the test was not conducted correctly.
Your attorney will scrutinize the breath test results and the procedures followed by law enforcement officials. They will look for any inconsistencies or errors in the testing process that could have led to an inaccurate reading. For example, certain breathalyzer tests may be more prone to errors if not maintained or calibrated properly. Demonstrating these flaws can be pivotal in challenging the validity of the DUI convictions based on false positives.
What Are Your Rights After a False Positive Breathalyzer Test?
If you have been arrested for DUI based on a breathalyzer test, you may wonder what your rights are. You should first know that you have the right to an attorney. You should also know that the breathalyzer test is only sometimes accurate. Multiple factors can lead to a false positive.
For instance, if you have been taking certain medications, they can cause your breathalyzer test to show a higher blood alcohol content (BAC) level than you have. Another factor that can lead to a false positive is mouthwash. Some mouthwashes contain alcohol, which can skew the results of the test.
There are several ways to challenge the results of a breathalyzer test, and an attorney can assist you to determine the best course of action for your case. Don’t let an inaccurate breathalyzer test ruin your life – contact an attorney today to protect your rights.
Your Options After a False Positive Breathalyzer Test
You have a few options if you’ve been facing a false positive breathalyzer reading. The two main ones are: either to challenge the breathalyzer test or to accept the charges.
Challenging the breathalyzer test is viable if you’re in court and willing to fight the charges. You can choose to hire an attorney and present evidence of your innocence, such as eyewitness accounts from people who were with you at the time in question, or any other corroborating evidence.
However, if the breathalyzer result was obtained outside of court, you may choose to accept the charges and move on simply. In this case, it’s best to make sure that you take into account any penalties or punishments laid out by the authorities and ensure that your blood alcohol levels are within legal limits in the future.
What You Should Not Do After a False Positive on a Breathalyzer Test
Your first reaction may be getting angry and demanding an explanation immediately. But it’s important to remain calm and composed in this situation, as this is not the time to fly off the handle. Instead, you should respectfully explain the situation and see what they can do to help.
You shouldn’t try to explain or justify the situation either—often, that can make things worse. And under no circumstances should you attempt to shift blame for the false positive onto the testing officer or anyone else; that could call their professionalism into question and not endear you to them.
Lastly, remember that even if you get a false positive on a breathalyzer test, you should still take it seriously and understand that there’s still a chance you could be charged with driving under the influence if your behavior seems suspicious. In other words: resist any temptation to drive anywhere until cleared by law enforcement.
Don’t Delay in Hiring an Experienced Indianapolis Criminal Defense Lawyer
If a breathalyzer gave you a false positive, you can challenge it in court. The greatest way to do this is to hire an experienced DUI lawyer in Indianapolis from the Rathburn Law Office P.C. to help you establish your innocence and protect your rights during the legal process. We can help get you out of a DUI charge by challenging operator error and outside factors to clear the names of our clients facing charges.
With the help of our Indianapolis criminal defense lawyers, you can explore legal options to get the breathalyzer test results thrown out, like questioning how and when the equipment was maintained or how it was calibrated. Our attorneys can also work with prosecutors and judges to demonstrate why the test results are unreliable. This could lead to reduced penalties or even a dismissal of your case.
Professional representation from an experienced Indianapolis DUI lawyer takes the stress off your shoulders. It gives you peace of mind that someone has got your back should any discrepancies arise during the legal process. With their expertise, they can challenge any inaccuracies in breathalyzers that might produce inaccurate results. If a DUI arrest occurs due to a faulty breath test device, which measures alcohol levels, your lawyer will scrutinize the BAC reading from the roadside breathalyzer test. This support gives you peace of mind, knowing that any discrepancies in the breath test device’s results will be expertly addressed.
