Facing a Breath Test, DUI Defense Part 2

Following the initial stop and an officer’s suspicion that you are operating a motor vehicle under the influence of alcohol, you may find yourself facing a breath test. Under Mississippi’s implied consent law the police have the right to request that you submit to a breath test. You will also likely be informed that your refusal to submit will result in losing your license for 90 days.

The breath test is generally performed with the use of a breathalyzer, or even more specifically the “intoxilyzer”. In the event you submit to the test and the breathalyzer determines that your blood alcohol level is 0.08 or more the police and the prosecution will have a strong piece of evidence which may be able to be used against you. However, just because you have “failed” a breath test does not mean that you will absolutely be convicted of DUI. There are a number of defenses available which are specific to attacking the results of a breath test.

When defending against a breathalyzer reading, several questions should be asked, including: was the breathalyzer properly calibrated? Did the police officer follow the proper guidelines for observation prior to administering the test? Was the officer properly licensed and trained in the use of the breathalyzer? If the answer to any of these questions in “no”, then the results of the breathalyzer test may be inadmissible as evidence or at least cast doubt on the results.