Breathalyzer tests results, or an alleged failed breathalyzer test, may lead to drunk driving charges. Drunk driving charges can be costly for accused individuals in a variety of ways which is why accused individuals should be aware that drunk driving charges may be challenged in some circumstances.
Ways to challenge breathalyzer test results
Breathalyzer test results may be challenged in any one of a number of different ways including:
- The breathalyzer test was not reliable: all evidence that is used against an accused evidence must be reliable. The accused individual may be able to establish that the breathalyzer test was not reliable which undermine the charges against the accused individual.
- The breathalyzer test was not calibrated: because breathalyzer tests are an electronic measuring instrument, they must be calibrated to produce accurate results. If the breathalyzer test was not properly calibrated, it may undermine the results of the breathalyzer test.
- The police officer lacked breathalyzer training: police officers need to be properly trained to administer a breathalyzer test. In addition, they need to be trained in how to read the breathalyzer test to know how the results related to alleged intoxication.
- The breathalyzer test was an illegal search: authorities must be several legal standards to make the traffic stop and to require a breathalyzer test. The police officer must have reasonable suspicion to conduct the traffic stop and probable cause to require the breathalyzer test.
- The police officer does not testify: because accused individuals have the right to confront witnesses against them if the police officer who conducted the breathalyzer test does not testify, the breathalyzer test may be thrown out.
DUI defense strategy
If the breathalyzer test was not reliable or accurate, it may be thrown out which can significant impact any DUI charges the accused individual is facing. When facing drunk driving charges based on a breathalyzer test that the accused individual allegedly failed, accused individuals should be familiar with how they may be able to fight breathalyzer test results.