Motorists arrested for driving under the influence may take some comfort in knowing that a Minnesota court judge’s ruling held that the state’s roadside testing devices provide inaccurate results. At Bauer Law Office, I understand how the legal process works and when to counteract the allegations of your DUI/DWI charge to prevent a conviction.
When a law enforcement official first pulls your vehicle over, he or she must have a reasonable suspicion that a violation occurred. This may include a traffic infringement such as speeding or running a red light, weaving in between lanes, failing to signal or driving erratically. If the officer has reason to believe you are driving while impaired, it could justify your submitting to a roadside breathalyzer test.
As reported by the Star Tribune, Minnesota’s DUI testing equipment appears to provide faulty results because the devices may have a tendency to round up the test-result numbers. A judge held in a court ruling that because of the inaccuracies, defendants might falsely test positive for a blood alcohol content level of more than the legal limit of 0.08%.
An incorrectly calibrated roadside breathalyzer and a test result of more than 0.08% could result in an arrest and a DUI charge. While the court throws out some test results, many individuals nonetheless find themselves fighting a charge based on erroneous information.
Generally, a defendant must meet particular requirements to avoid a conviction in the Gopher State. In situations where a prosecutor has ample evidence to convict, however, you may still assert your legal rights to lessen or avoid a severe penalty.
My page on DUI charges provides more information on defending yourself against a conviction or harsh punishment.