Methods of challenging a breathalyzer test

On Behalf of | Apr 26, 2019 | Dui / Dwi, Firm News |

A breathalyzer test can be a major piece of evidence used against an individual who has been accused of drinking and driving and the consequences for refusing a breathalyzer test and not taking one can be significant. Any accused individual who has been charged with a DUI, should be familiar with the methods for challenging a breathalyzer test after one has been administered.

The potential penalties and consequences associated with a DUI charge can also be significant and can include jail time, fines and a criminal record which is why accused individuals should be aware of when and how they can challenge a breathalyzer test. When the accused individual has been given a portable breathalyzer test, it may be possible to challenge both the administration and accuracy of the test. Reliability of the test depends on whether the administering officer was properly trained and if the device was properly calibrated and maintained.

The same is true of a standard breathalyzer test that is located at a police station and may be given to the accused individual. The police officer administering the test must still be properly trained and the breathalyzer test must still be properly maintained and calibrated. In addition, it may be possible to challenge the blood alcohol content level provided by the breathalyzer test based on whether the accused individual’s blood alcohol content level rose between the time of the stop and administration of the breathalyzer test at the police station.

It is also important the accused individual understands the chain of custody for any blood test that was performed to ensure all required procedures for handling evidence were properly followed. In addition, it may be possible to challenge the legitimacy of a traffic stop and the accuracy and administration of a field sobriety test if any were conducted. Individuals facing drunk driving charges are facing stiff penalties and serious consequences which is why they should understand how to challenge breathalyzer evidence that may be used against them.


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