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How accused drivers can challenge a breathalyzer test

On Behalf of | Dec 14, 2020 | Drunk Driving |

Breathalyzer tests can be a key component of a drunk driving charge. For that reason, understanding how to challenge a breathalyzer test can be key to challenging drunk driving charges and avoiding the potentially significant penalties and consequences the accused driver is facing as a result. Accused drivers can face significant personal and professional consequences in the fallout from DUI charges.

Breathalyzer test requirements

Breathalyzer tests must meet certain requirements. Without meeting them, they may not be considered valid. Breathalyzer test requirements include:

  • The breath test device used must be on a list of conforming and acceptable devices;
  • The breath test device used must checked for accuracy at regular and set intervals and must also be properly maintained;
  • The police officer administering the breath test must be properly trained to administer that particular breath test device;
  • The police officer administering the breath test must administer it according to the training they have received;
  • The police officer administering the test must ensure the accused driver’s bodily functions do not interfere with the breath test results; and
  • The breath test must capture at least two measurable readings within .02 of one another.

DUI charges are oftentimes based on a breathalyzer test which is why it is essential for the breathalyzer test to be reliable and provide accurate results. When that reliability and accuracy of a breathalyzer test is called into question it may also call into question the drunk driving charges the accused driver is facing. Accused drivers should be familiar with this and other drunk driving defenses and options.