Breathalyzer test requirements are important for accused drivers to be familiar with. If a breathalyzer test does not meet certain requirements, the results of the breathalyzer test may not be considered reliable which can impact the drunk driving charges against the accused driver.
Breathalyzer test requirements
It is important that breathalyzer tests meet specific requirements including:
- The breath test device must be on a list of conforming devices;
- The breath test device must be properly maintained and regularly checked for accuracy at set intervals;
- The police officer administering the breathalyzer test must be certified to administer the particular breath test device;
- The police officer administering the breathalyzer test must do so in accordance with the training they received; and
- The police officer administering the breathalyzer test must ensure that the accused driver’s bodily fluids do not interfere with the breath test results.
In addition to the requirements that breathalyzer tests must meet, the breathalyzer test must also capture at least two measurable readings within .02 of one another. All of these requirements must be met for the breath test results to be considered accurate and reliable.
Breathalyzer tests can be used to charge an accused driver with drunk driving. DUI charges threaten the personal and professional lives of accused drivers and can result in time in jail, steep fines and the loss of a driver’s license. The potential penalties and consequences of a drunk driving charge can be severe and overwhelming which is why accused drivers should be familiar with legal resources and DUI defense options that may be able to help them.