A police officer who pulls over a driver for the suspicion of drunk driving will have to try to determine what’s going on with the driver. They need to have probable cause to conduct an arrest. One factor that can establish this is determining the driver’s blood alcohol concentration percentage.
Field sobriety tests and breath test devices are two options that are used during a roadside stop to determine whether the driver is impaired or not. The issue with this is that these aren’t always accurate. The field sobriety test is dependent on the officer’s ability to interpret the driver’s actions.
Why might roadside breath tests be inaccurate?
The breath tests done on the side of the road are done using a preliminary alcohol screening device. The primary issue with this device is that they aren’t as accurate as the larger models that are housed in police stations and similar locations.
The PAS device has to be calibrated regularly, but many aren’t done in the proper manner or following the correct schedule. This can mean that the result of the device isn’t accurate. An arrest based on a faulty breath test result should lead to the defendant fighting the charge.
Anyone who’s facing a drunk driving charge should explore all their defense options. One of these might be calling the calibration of the breath testing equipment into account. Working with someone who knows the drunk driving laws and information about how improper calibration may affect your defense is critical so you know that you’re getting all the information you need to make an informed decision in your case.