• 06
  • February
    2012

Many who face charges of driving while intoxicated believe that they have little choice but to plead guilty if the Breathalyzer results show that they had a blood alcohol content higher than the legal limit. However, such tests are not infallible; sometimes police officers make mistakes. In May of last year, the Philadelphia District Attorney's office announced that almost 1,500 people who were arrested on charges of DWI between September and November 2009 would have the opportunity for a new trial. The D.A.'s announcement of its decision came six weeks after the Philadelphia Police Department admitted that officers had improperly calibrated four of its Breathalyzer machines during that time.

Defense attorneys have noted that the court has responded favorably to requests for new hearings so far. In cases that were pending at the time of the D.A.'s office's announcement, the D.A.'s office stated the prosecutor would not be allowed to introduce breathalyzer results into evidence at trial.

An opportunity for a new trial does not necessarily mean that the court will reverse the defendant's conviction. The prosecutor still could have the arresting officer testify about the defendant's behavior that gave the officer probable cause to stop the defendant, such as swerving on the road, and give testify about the defendant appearing "generally impaired" by having slurred speech, an unsteady gait or a strong smell of alcohol about him or her.

Experienced DWI attorneys know that there are several challenges they can raise to Breathalyzer results, even in cases where the police have properly calibrated the machine. For example, some attorneys argue that due to the time that it takes for alcohol to absorb into the body's bloodstream after a person consumes it, just because a person's BAC registered over the legal limit at some time after he or she was driving, it does not mean that the person had a BAC over the legal limit at the time he or she was driving.

Additionally, there are certain medical conditions such as gastroesophageal reflux disease that can make a person have a false positive result on a breathalyzer machine. Those who follow certain dietary restrictions can also end up with false positive breathalyzer readings.

DWI charges are a serious matter. If you are facing DWI charges, it may seem like the odds are stacked against you. However, with the help of an experienced criminal defense attorney, you may be able to reduce the charges against you or defeat them altogether by knowing how to challenge the validity of the state's evidence.