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Can I challenge a breathalyzer test?

On Behalf of | Jul 1, 2020 | Drunk Driving Charges |

When faced with drunk driving charges, accused drivers may be wondering what they can do and if there is anything they can do about a breathalyzer test. Accused drivers face a litany of potential penalties and consequences associated with DUI charges which is why they should be familiar with the criminal defense strategies available to protect them.

Breathalyzer tests must meet certain requirements to be considered reliable and accurate. Those requirements include that the breathalyzer must be on a list of acceptable devices; the breathalyzer test must be properly maintained and calibrated at regular and set intervals; the police officer administering the breathalyzer test must be properly trained to do so and certified to administer the test; the police officer administering the breathalyzer test must do so in accordance with the training they received; and the police officer administering the test must ensure the driver’s bodily functions do not interfere with the test results. In addition, to be considered accurate and reliable, it is important that the breathalyzer test also captures at least two measurable readings within .02 of one another.

It is essential that an accused driver’s rights are protected from the outset when they are first stopped and throughout the entirety of their contact with criminal justice system. This means ensuring the initial traffic stop was legal and if it was not, challenging it and ensuring that the breathalyzer test was properly administered and provided accurate and reliable results and if it did not, challenging it.

There are a variety of ways to challenge drunk driving charges and challenging a breathalyzer test is one of those methods. What is universally important is for accused drivers to have a strong criminal defense strategy to respond to the serious charges they are facing.