Don’t make the mistake of assuming that a breath test is correct. Perhaps you were pulled over by the police on suspicion of drunk driving and you failed that test. Many drivers believe that there’s no way to fight a conviction after a positive test, because the test is always right. But this is certainly not true, and breath tests can be wrong for many different reasons.
Of course, the unique circumstances of the traffic stop and the administration of the test will determine what factors you consider. But here are a few reasons why a breath test could be inaccurate.
It was not calibrated recently
Calibration, maintenance and general upkeep have to be done to keep breath tests in working order. If the police department neglected the test and never calibrated it, or if they hadn’t done so recently, then the test could provide inaccurate results.
There was an outside influence
In some cases, the breath test will provide an accurate reading, but that will be artificially increased by outside sources. An example is when someone burps during a breath test, which can increase their BAC reading, or when they use mouthwash shortly before taking the test.
The officer made mistakes
Finally, a police officer does have to administer the test. They could make mistakes, they may not have much experience with breath tests or they may lack the proper training. All of those issues call into question the results of the test.
These are just a few ways that you may want to challenge your breath test. Take the time to look into all of your legal defense options when facing charges.