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Options for challenging a breathalyzer test

On Behalf of | Feb 2, 2022 | Dui |

Breathalyzer tests may form the basis for DUI charges, however, they may not always be reliable. Drivers who have been accused of driving under the influence should be familiar with the circumstances when they may be able to challenge the DUI charges they are facing. There are several options for challenging breathalyzer tests.

The breathalyzer test was not reliable

Breathalyzer tests do not always provide accurate or reliable results for a variety of different reasons which the accused individual may wish to present.

The breathalyzer test was not properly calibrated

Breathalyzer tests have to be properly calibrated and maintained and oftentimes this does not take place which can call into question the reliability of the results they produce.

The police officer was not properly trained

Police officers need to receive proper training to administer a breathalyzer test and need to follow that training when administering a breathalyzer test. When they fail to do so, it may call into question the reliability of the breathalyzer test results.

Breathalyzer test was an illegal search

Arresting police officer must meet the reasonable suspicion standard for the traffic stop and probable cause standard that the accused driver is driving under the influence. If they fail to meet these required thresholds, it may be possible to challenge the charges the accused drivers is facing on that basis.

In addition, in some circumstances if the arresting police officer fails to testify, it may be possible to challenge the drunk driving charges on that basis. There are several different ways to challenge DUI charges and the best option depends on the unique position the accused driver finds themselves in which is why they should be familiar with all criminal defense options.