A. Many believe that when they test above limits on their breathalyzer test, they will automatically have no defense to a DWI, DUI, or OUI charge. This is incorrect. The science of breathalyzer testing is too complicated to explain in this blog. Certain procedures, timing and formal requirements must be followed before the prosecutor can effectively admit the use of the breathalyzer results in trial. A simple burp or lack of procedural timing may cause the test to be thrown out of Court.
We use our own expert to complete a second evaluation of the breathalyzer tubes. Sometimes the result is low enough that our clients did not test above the limits. In DWI defense it is essential to attack all elements of the crime.
For a free consultation on your NH or MA driving while under the influence charge, call Attorney Richard E. Clark at (603) 431-0009, or visit www.NHseacoastLawyers.com to view the free guide on DWI defense and DWI laws. Attorney Clark recently completed his updated DWI training at Harvard Law School.
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