Q: Can I defend my DUI charge because the police officer's breathalyzer malfunctioned? How can I prove that?
A: A dui may be proven by an unlawful blood alcohol level or by impairment of your normal faculties. Since the breath test malfunctioned, assuming no result, you can argue the state deprived the jury of exculpatory evidence. If there is a breath result greater than the legal limit, you may need to hire an expert to show the result was affected by the malfunctioning machine.
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