What are the different ways to challenge a breathalyzer test?

| Jun 7, 2021 | Drunk Driving |

Defending against DUI charges can be overwhelming and frightening. The penalties associated with DUI charges can be steep. That is why accused drivers should know how to defend themselves against drunk driving charges. One way is to challenge a breathalyzer test if the charges they are facing rest on breathalyzer test results.

Breathalyzer was not properly calibrated

Breathalyzer tests must be properly calibrated to accurately measure blood alcohol content. When a breathalyzer test is not routinely calibrated at set intervals, it may not be reliable. Breathalyzer tests need to be calibrated regularly.

Police officer not properly trained to use breathalyzer

If the police officer conducting the breathalyzer test lacks proper training to administer it, the test results may not be considered reliable.

The breathalyzer test was not reliable

It has been demonstrated that breathalyzer tests do not always produce reliable readings. If the accused driver can demonstrate this, it may undermine the drunk driving charges against them.

Other challenges to a breathalyzer test can include if it was an illegal search or if the police officer who administered the test results does not testify to those results. There are different procedures that need to be followed when an individual is being accused of a crime and if any of them are not followed, it may violate the rights of the accused driver and undermine the charges against them. For that reason, accused drivers need to be familiar with how they can protect themselves from DUI charges.