One tactic that police officers sometimes use in order to get more positive Breathalyzer readings is detain suspected drunk drivers at the side of the road for an extended amount of time before administering this test. If you were to quickly consume a few alcoholic beverages and then blow in a Breathalyzer, it may not give a reading that suggests you're intoxicated. This is because the alcohol has yet to make its way to your bloodstream. However, if you were to drink the same amount, wait for a period of time, and then take the test, it could have a positive reading. If your arresting officer was unnecessarily slow in administering the test, share this information with your DUI lawyer. It could be enough to get the case dismissed.
When a police officer pulls you over on suspicion of driving under the influence of alcohol, he or she will often have you perform a few field sobriety tests and then administer the Breathalyzer. This is customary, but not always the case. Perhaps the officer detains you and doesn't give you a reason for the detention other than he or she is "investigating" your case. An unscrupulous officer could simply be waiting to see if your blood alcohol is going to increase over time. Whether the officer has you sit on the side of the road or you're allowed to remain in your car for what seems like an unreasonable amount of time, this is definitely information to share with your attorney.
Waiting For A Fellow Officer
Sometimes police officers will pull people over but not have a Breathalyzer unit with them. In this type of situation, if the officer believes that you may be under the influence of alcohol, he or she may radio a fellow officer to come to the scene with a Breathalyzer. Conveniently, the other officer may be "tied up" with another case for an extended amount of time and may arrive only after a lengthy delay.
Excuses About Breathalyzer
It's suspicious if a police officer who has detained you tells you that he or she is going to administer a Breathalyzer test, but then says his or her Breathalyzer unit isn't working correctly. Perhaps the officer gives an initial test that tests negative, but then makes the excuse that the machine is faulty. If the officer delays long enough before administering a second test to you, your blood alcohol might be higher.
With any of these scenarios, a good DUI lawyer will have a compelling reason for the court to drop your charges.