how do you beat the breatherizer outcome in court?

Answer 1

You can't. If the officer did his job and followed procedures, you have absolutely NO defense against a Breathalyzer reading.

Besides, the Breathalyzer reading is only the icing on the cake. A good officer who has been well trained in DUI detection and processing will already have everything he/she needs for a conviction long before he/she had you blow into the little mouthpiece. The observation and evaluation of your state of sobriety begins from the moment the officer first makes contact with you. He/she will look at your face to see if your nose or cheeks are red; he/she will look at your eyes to see if they're bloodshot. They'll listen to your manner of speech and see if you're mush-mouthed, slurring your words, or mumbling. They'll ask you to do what are called "dual concentration tests" which have been scientifically proven to be impossible for an intoxicated person to complete. These tests are as simple as asking you for your license, and while you're searching for it asking you what year your car is. An intoxicated person cannot perform two mental tasks at once; they will not have heard the question, so they will stop the search for the license, look up at the officer, and go "HUH?"

After the officer gets your license, they'll ask you what your middle name is. An intoxicated person will respond by habit, and will give their LAST name. After all, how many times are you asked what your MIDDLE name is?

Then come the Field Sobriety Tests, standardized dual concentration tests that do NOT have a "pass/fail" rating. You either perform the tests as instructed, or you do not perform the tests as instructed. How well or how poorly you do is graded on a point system; too many points, and you're off to blow in the mouthpiece.

Then there's my favorite, the Horizontal Gaze Nystagmus test. This is the one test that no one can practice for, because it measures the naturally-occurring nystagmus - jerking - of the eyes when moving on a horizontal plane. All of us have HGN; alcohol magnifies it to the point where it's visible to the naked eye. Again, you're evaluated on points; too many points and it's off to blow in the mouthpiece.

My advice to you - go to court, plead guilty, and throw yourself on the mercy of the judge, because you're screwed.

Answer 2

Accept responsibility and the fact that you screwed up. Its idiots like you that get little kids and their mothers and fathers killed.
You want to challenge evidence against you that is a result of a precision piece of equipment??? The judge won't be apt to go for that, because to fail the breatherlizer... to even have to take that test means that you probably failed the field sobriety tests and then you will be challenging the word of a police officer, so thats two pieces of evidence against you.
Also, chances are, there is a video of you taking the breatherlizer test and possibly a dash-cam video of you being pulled over and taking the field tests. Three pieces of evidence against you.

If you try to fight it, the judge will see only that you are attempting to waste his time and the time of the prosector and tie up the court system....

Answer 3

The only way you can get the court to ignore the Breathalyzer outcome is to commit a more serious crime. They'll drop the DWI to pursue something more serious.

I suggest you take your lumps, learn your lesson, and move on and don't drive drunk. You could kill somebody! Even yourself.

Answer 4

Only chance ..... get a lawyer ...... who specializes in this ..... he will know the ropes like .... checking to see if the thing was calibrated and seeing if the cop was properly trained. Even if you are convicted in some manner .... the judge and lawyer normally have the relationship where they are willing to work out a deal ... or downgrade the charge .....

By yourself .... if you're thinking you can win .... you must be drinking .......

Answer 5

Unless you can prove that the breathalyzer has not been maintained properly, you can't beat it. You are out of luck. Face it, you were drinking and choose to drive. Face your error in judgement, be a responsible person and admit that you did something stupid. People like you who choose to drink and drive kill people.

Answer 6

With a DUI, you aren't going to beat ANYTHING in court,

Answer 7

You cant, the best thing you can do, is to get a lawyer and plead to a lesser charge.