Jack P. Sherman, Attorney at Law
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Building a defense after failing a Breathalyzer test

As soon as you receive drunk driving charges, it is wise to begin building a strong legal defense. Unfortunately, many drunk driving defendants believe that failing a Breathalyzer test leaves them few defensive options, if any.

Failing a Breathalyzer test may make building a defense more difficult, but it is never a good idea to simply sit back and hope that the judge hearing the case is having a generous day, or that the prosecution makes a mistake in your favor. These may happen from time to time, but failing to build a strong defense only increases the likelihood of a harsh sentence.

If you recently received drunk driving charges, your rights and future freedoms are in serious danger. Tennessee has fairly strict laws around drunk driving, so the sooner you begin building your defense, the better. Protecting your rights should be a top priority while you still have time, and time is running out.

Breathalyzers have weaknesses

A Breathalyzer is a fairly accurate measuring device when used properly under ideal conditions. However, it is not perfect. Even a fully calibrated device still has a margin of error, even though this margin is small.

However, if the device does not receive proper calibration regularly, its results become less reliable. When an officer uses an uncalibrated device to test the blood alcohol content of a suspect, the suspect may be under the legal limit of intoxication and still fail the test.

Even if the device receives proper calibration, it still requires ongoing maintenance as well. Some police departments or individual officers may not calibrate and maintain their devices properly, which can lead to unjust drunk driving charges and arrests.

As you build your defense, look closely at each aspect of your traffic stop to identify any reasons to believe that the Breathalyzer device used in your test was uncalibrated or poorly maintained. These simple errors could mean the difference between a drunk driving conviction and dismissed charges.

Your defense cannot wait

One of the most useful tools you have for building your defense is reviewing the evidence the prosecution has against you. If you do not begin building your defense immediately, you may quickly run out of time to properly request and review this evidence.

Every part of your interaction with your arresting officer may hold something useful, but building a strong defense takes time and energy. To keep your rights secure, be sure to begin building your defense today.

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Jack P. Sherman, Attorney at Law
200 Jefferson Ave.
Suite 700
Memphis, TN 38103

Phone: 901-646-4270
Phone: 901-233-3474
Fax: 901-522-1398
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901-233-3474
901-646-4270