If you’re facing DWI charges, do you have the right to appeal if you doubt the accuracy of a breath test? In some cases, people charged with a crime can challenge their conviction if there is reasonable doubt of the accuracy of a test or whether an arrest or court procedure was properly handled. Having a defense attorney, who is experienced with filing appeals and other challenges, may be better than attempting to appeal a conviction on your own.
A Woodbury Heights man attempted to appeal his 2009 DUI conviction, saying the breath-test machine’s results were inaccurate. According to the machine, his blood-alcohol level at the time of his arrest was twice the legal limit. His attorney argued in a previous appeal that the defense didn’t receive adequate documentation of the breath-test machine’s reliability. He also stated that the man lacked any physical signs of intoxication, which could have meant the test results were faulty.