Examining Intoxilyzer BAC codes

Can Examining BAC Test Codes Overturn New Hampshire DWI Convictions?

The New Hampshire legal system is created to protect the legal rights of individuals who have been accused of a crime, regardless of what the charges might be. One of the most valuable rights is the opportunity to inspect the evidence against a defendant and to create a defense that is centered on challenging that evidence. In cases involving DWI charges, this generally involves a DWI lawyer and their client challenging the results of field sobriety tests, breathalyzer tests, and blood tests. Often times, these test results will comprise the core evidence in fighting against a New Hampshire DWI charge.

If the accuracy of these tests is uncertain then the court is generally required to render a not guilty verdict, because reasonable doubts exist.

Although the legal system has established rules to protect the rights of a defendant, defendants must often take a stand and fight to have their rights respected. This is where having an experienced New Hampshire DWI attorney working on your behalf can make all of the difference.

Gathering Evidence of a Faulty Breathalyzer Test

The simple right to examine the evidence against you is one that must often be fought for. When it comes to BAC tests, this right is not straightforward 100% of the time. Here is a case, which occurred a few years ago, that perfectly illustrates this point:

In 2009, the Supreme Court of Minnesota received a request to hear an appeal in the cases of State v. Brunner and State v. Underdahl. The two defendants in each of these cases were requesting to have their DWI convictions vacated on the grounds that they were not afforded access to the specific source code of the Intoxilyzer 5000EN (a breathalyzer device that is popular among law enforcement). This breathalyzer device measures the body’s BAC levels via readings obtained from one’s breath. As with all machines, it can produce faulty readings. If the breathalyzer device was outdated or prone to producing false readings, then a subsequent DWI conviction should be overturned.

In order to create the best possible defense and to determine if the machine was faulty, the defendants required access to the machine and information regarding how it operates. A particularly important piece of evidence was the device’s “source code” – processing data that influences how the machine calculates breath readings. Its readings could be inaccurate if that code has errors.

The center of the defendants’ challenge to the state Supreme Court centered on being provided with access to that source code. Their plea to have their convictions overturned was based upon the fact that they had requested access to the source code and were denied. The state disagreed.

Ultimate, the Minnesota Supreme Court judges ruled in the defendants’ favor. Their opinions were largely influenced by expert opinions and exhibits from a similar case in New Jersey that proved a breathalyzer device had numerous defects in its source code.

Fighting New Hampshire DWI Convictions

If you have been charged with a DWI in the state of New Hampshire, it is imperative to have the best legal representation available. For example, identifying a faulty breathalyzer device could be critical component in avoiding a conviction. However, as the aforementioned cases demonstrate, sometimes you must become a fierce advocate simply to receive access to all of the evidence against you.

For a free consultation of your case, please call one of our experienced NH DWI attorneys today.