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Challenging DUI test results and charges

On Behalf of | May 6, 2022 | Criminal Defense

If you have been arrested and charged with DUI in Minnesota, you may be wondering what to do next. One of the most important things that you should consider doing is to challenge the breath test results. There are many ways to do this, and with some effort, you can often get the results thrown out entirely.

Probable cause

Consider whether the DUI officers had probable cause to pull you over in the first place. If they did not, then any evidence that they gathered after pulling you over (including the breath test results) may not be admissible in court.

DUI officers need to have probable cause to believe that a driver is impaired before they can pull them over. Probable cause can be based on things to show that the DUI officers did not, like speeding, swerving, or running a red light.

The DUI checkpoint procedures

If you got stopped at a DUI checkpoint, consider whether the officers followed the proper procedures while conducting the test. DUI checkpoints must get conducted in a certain way, and if the officers did not follow proper procedure, the results of the breath test may not be admissible.

The testing machine

The DUI breath test is typically conducted using a machine, and like all machines, these can sometimes malfunction. If you think that the machine was not working properly, you may be able to get the results of your test thrown out.

The officer’s training

The DUI breath test should get administered by a trained law enforcement officer. If the officer administering the test was not properly trained, or if he or she made a mistake in administering the test, this could lead to inaccurate results.

Your medical condition

Some medical conditions can cause a person to have a high blood alcohol level even if they have not been drinking. If you think that a medical condition may have caused your test results to be inaccurately high, you may be able to challenge your charges.

These are just some of the ways that you can challenge DUI breath test results. If you get charged with DUI, it is important to understand these defenses so that you get to challenge the charges against you successfully.