Courts Throwing Out Drunk Driving Cases Due To Breathalyzers

Author: Angel Reyes  

In The News, Personal Injury

To breathe, or not to breathe? Drunk drivers ask this question. United States Police officers arrest over a million drunk drivers every year for driving while intoxicated. However, now courts all across America are throwing out these cases due to breathalyzer’s being deemed unreliable.

Everyone enjoys going out with friends and have a few drinks. However, many of us know people that have decided to drive home after a few drinks. This can prove to be dangerous. Some get away with it and make it to their destinations relatively unharmed. However, less responsible individuals are too intoxicated to see straight. This ends up resulting in either a traffic stop or worse.

The traffic stops go rather routinely. These people see the flashing blue lights behind them, pull over, and end up taking a breath test. More than likely these people end up in jail. The state prosecutes them, fines them, and the individual serves their time. The individual get’s their just consequences for their actions.

The state has been enforcing the consequences. Consequences that typically involve restricting freedoms of driving to protect other drivers. Not anymore. The state of Massachusetts has thrown out breathalyzers’ test results due to an issue with inconsistency and reliability. Consequently, these individuals that made a poor decision no longer have to experience the consequences for it, and are now able to freely drive the streets without restrictions for their previous actions.

Dangerous Behavior to Follow

Defense lawyers can now throw out one of the main components of evidence in convicting drunk drivers for their crimes for decades. This is a huge deal if someone becomes injured as a result of a drunk driver making a mistake on the roadway.

Considering it will now be significantly easier for drunk drivers to get away with their crime, you can expect more individuals to be drinking and driving. All accidents related to drunk driving make up about a third of the accidents in the United States the way it is. Until a more concrete way is proven to convict drunk drivers for their crimes, we can only expect that percentage to rise.

Personal Injury Case Issues

There haven’t been any reported issues with past personal injury cases after a drunk driver has been deemed at fault due to a failed breathalyzer test. However, that doesn’t mean that it won’t change the future of personal injury cases. It is not for sure that it will or will not have an effect on the future, but it definitely has the potential to cause a little bit of friction among the cases currently open against a drunk driver’s insurance company.

Four Information Tidbits:

  • Law enforcement officials have been arresting more than a million individuals for drunk driving using breathalyzers every year.
  • Courts across the United States have tossed out tens of thousands of cases due to breathalyzer unreliability.
  • The companies behind the breathalyzers have been hiding the details of all of their products.
  • The secrecy of the products causes those that actually manage the breathalyzer programs to have little-to-no oversight of these devices and systems.

Do You Need an Attorney After Your Run-In With a Drunk Driver?

With these new case issues, it can be hard to get the rightful compensation you deserve. Our expert Dallas car accident attorneys are very good at what they do. They have handled thousands of drunk driving cases in Dallas over the course of 30 years, recovering funds for our clients.

We will not let drunk drivers get away for what they did to you. We will hold their insurance company accountable for their liability. Call us immediately for your 100% free consultation. Our dedicated staff is standing by 24/7 for you to call (214) 526-7900 or click here to submit your case evaluation information.

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