Drunk Driving Defense Frequently Asked Questions
I took the breathalyzer and failed. Does this mean I don’t have a defendable case?
Failing a breath test is not necessarily fatal to your defense. Many breath tests are not admissible at trial for a variety of reasons and an experienced lawyer will know what to look for in trying to exclude the tests.
Even if the test is admissible, the jury must be unanimously convinced beyond a reasonable doubt that the results are accurate. Attacking the science behind the testing as well as the test procedures can sway the jury towards a not guilty verdict.