3 Ways to Challenge a Breath Test

When a police officer gives you a breath test, they are interested in documenting your blood alcohol concentration (BAC). The reason for this is that you are bound by a certain legal limit. For most drivers, that is 0.08%, although commercial drivers and underage drivers often have lower limits.

But what happens if you fail a breath test? Say that your BAC comes back over the legal limit. Does that mean that you are definitely going to be convicted on drunk driving charges, or is there anything you can do to challenge the results of that test?

1. Did the officer make mistakes?

First of all, you may be able to challenge the test if you know that the officer made certain errors or mistakes while administering it. It may also be worth checking to see if the officer was properly trained, because a lack of training could call the results of the test into question.

2. Was the test calibrated correctly?

Another issue that comes up often has to do with maintenance and calibration. This should be carried out periodically, but a police department that neglects to do so may not actually be able to testify that their devices are accurate and that the results should be used in court.

3. Could anything else have altered those results?

Finally, you may think that something else artificially increased the reading until your BAC appeared to be over the limit—when it was actually below that limit. One example is if you used mouthwash containing alcohol, and another is if you burped during the test, which can increase the alcohol content in your breath.

As you can see, it is very important to understand all of your defense options when facing DUI charges.