Breathalyzer tests can make mistakes. For that reason, it is important to know how it may be possible to challenge the results of a breathalyzer test especially if they are used as the basis for DUI charges.
Reliability of the breathalyzer test
If the breathalyzer test is found to be not reliable, it may impact the validity of the charges against the accused driver. Breathalyzer tests need to be routinely maintained to produce reliable test results and if they are not, it may call the charges the accused individual is facing into question.
Calibration of the breathalyzer test
Breathalyzer tests must be routinely calibrated to provide accurate results. If the breathalyzer test that was used was not properly calibrated, it may call into question the accuracy of the test results and DUI charges against the accused driver.
Breathalyzer test not properly administered
Breathalyzer tests must be properly administered by a police officer who has received appropriate training to administer the particular breathalyzer test device used and who administers the breathalyzer test according to the training they have received.
Illegal breathalyzer test
A breathalyzer tests may be illegal if the arresting police officer does not have a legal basis for administering it. Likewise, the traffic stop may also be a concern if it was not legal. Authorities must follow property procedures when making a DUI stop.
Other options may also be available to challenge a breathalyzer test or DUI charges which is why accused drivers should understand their criminal defense rights and options when facing the threat of DUI charges. DUI charges can lead to serious potential penalties and consequences which is why accused drivers need to know how to defend themselves.