It is not the case that a printout from an evidential breath testing instrument provides evidence which cannot be challenged under any circumstances.
No machine is infallible and inaccurate breath test results can sometimes occur. You may have been surprised or even astonished by the reading produced before being charged with drink driving. You may even have consumed little or no alcohol prior to the breath test.
It is possible to challenge the reliability of a breath test by calling evidence of the amount of alcohol consumed whether that comes from you or those that were with you before you were arrested.
How do I prove that the reading was incorrect?
The simple answer to this question is “You don’t have to!” As in any other criminal case, the prosecution bears the burden of proof. If your solicitor takes issue with whether the reading was accurate the prosecution must prove that it was. If there is any doubt at all about whether it was accurate, the case must be dismissed.
We could not possibly explain every possible defence to a drink driving charge on this website! So the best way of finding out if you have a defence to a drink driving charge is by contacting us directly.
Call us now on 0333 358 3600 mobile free minute calls or 0161 241 3322 to find out where you stand or complete the contact form. Alternately email us on [email protected] or complete the contact form.
