You can still fight an OWI charge if you fail a breath test

On Behalf of | Feb 18, 2022 | Criminal Defense |

As soon as the police officer pulls you over because they suspect you of operating a vehicle while intoxicated (OWI), they will start trying to gather evidence against you. Asking you a few questions, having you perform a field sobriety test and requesting a chemical breath test can all be ways for a police officer to confirm their suspicions regarding your intoxication.

If you know you have not exceeded the legal limit for alcohol, you might consent to a test, only for the results to surprise you and lead to your arrest. The good news is that some people can defend against OWI charges by calling the accuracy of their test results into question. 

Chemical tests can return highly inaccurate results

Although many people think of chemical breath testing as an infallible science, the truth is that the results from a single test could be completely wrong

There are numerous different issues that could contribute to inaccurate results. You could have a medical issue or take medication that makes the test less accurate. The police department may have failed to maintain the unit or calibrate it. The officer performing the test may not have had proper training on how to use the device. 

Rather than questioning your own memory or judgment when the test result seems wrong, you may want to question the accuracy of the test. There are numerous reasons why the results of the chemical breath test could be wildly inaccurate. Your medical records and the maintenance records for the testing unit can be a good place to start when considering your defense options. 

Learning more about how the state proves OWI charges can help you fight back against accusations of drunk driving in Michigan.