After someone has been pulled over and charged with driving under the influence in Henrico County, police officers will bring them back to the police station and give them a breathalyzer test to determine their blood alcohol content. Generally, breathalyzers are reliable instruments, and their results can hold much weight in court. In addition to regular calibrations and testing, they are frequently updated, and now have an improved accuracy level. This means that their accuracy is usually beyond questioning. However, it is still possible that they will occasionally show incorrect results. This is why it is important to retain the services of a Henrico County DUI attorney, as they know what questions to ask law enforcement, can bring expert witnesses to the stand, and involve the Department of Forensic Science to challenge the readings or technology.
Breathalyzers are reliable instruments in Henrico County. The breathalyzer machines in Henrico County are tested and/or calibrated regularly and monitored by the Department of Forensic Science. Breathalyzer machines have been in use for years in Henrico County, are tested regularly, and have been updated to improve their accuracy. The accuracy of these machines has been improved so much that they are generally beyond questioning. The key breathalyzer issues that can typically be challenged in DUID cases or DUI cases are how it was monitored and how it was maintained by the Department of Forensic Science.
The government and its experts are very much aware of the various issues regarding the machine. However, the machines continued to be used because of their accuracy and these issues are not as common as individuals might think. The reason the machine is used to this day is mainly because of how closely they are monitored and how accurate they are.
One common misconception people have regarding breathalyzers is the idea that they often provide inaccurate or incorrect results. Again, these machines have been tested and retested and they are considered to be very accurate. The tests can sometimes result in inaccurate scores if there is ambient air, which is basically when there is alcohol on your breath or you are burping or vomiting. Those situations can trigger issues with the machine, and result in inaccurately high blood alcohol content readings. In addition, sometimes if the samples which the machine is using are not proper, that can cause an issue as well.
The machines in Henrico need to be calibrated regularly. Typically they will be calibrated every 45 to 90 days. There should be a detailed record of this testing. In addition, should there be issues like multiple invalid samples or issues regarding a deviation of what is called the breath alcohol differential, then the test or the machine will have to be re-calibrated.
The Department of Forensic Science actually does a very detailed job in monitoring these machines and conducting these tests. They keep a very detailed record which we can routinely obtain in these cases.
You can challenge erroneous test results in court and we often do. If we can show that the machine was not operated correctly and/or the officer or test operator was not licensed to use the machine, then we can challenge the test and the results and get them thrown out of court.
One of the main things Henrico County DUI attorneys will tell their clients is that breathalyzers are typically very accurate; however, it is still possible to challenge them. That is one of the benefits of having an attorney. You are going to need someone who knows how to obtain the information on the machine and the maintenance records. Also, you need to need to know how to review this information to determine if the machine was being operated correctly. If an attorney can show that the machine was not operated as required or was not maintained correctly, you can often get the results of these tests thrown out of court.
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