If the person administering the test failed to follow the proper testing procedures, does that mean I can get my test results dismissed and automatically win my case?
A failure to follow testing procedures does not automatically win your case. Failure to follow regulations in administering tests goes to weight, not admissibility. This means that the evidence will still be admitted, but the defendant will have a chance to cross-examine the person who administered the test and highlight the prosecution’s weak evidence against you. This is why it is important to have an experienced DUI attorney representing you. It could make the difference between winning and losing your case.
