How Can Accused Drivers Challenge a Breathalyzer Test?

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How Can Accused Drivers Challenge a Breathalyzer Test?

W. Scott Hanken, Attorney at Law Team

March 18, 2022

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If a breathalyzer test led to drunk driving charges, accused drivers can benefit from understanding how they may be able to challenge a breathalyzer test. Accused drivers should be familiar with all of their criminal defense options and how they may be able to help them fight drunk driving charges.

How can accused drivers challenge a breathalyzer test?

There are several different possible methods for challenging a breathalyzer test which may benefit accused drivers including:

The breathalyzer test cannot be considered reliable: Breathalyzer tests may not always be considered reliable. They may produce inaccurate results for different reasons.
The breathalyzer test was not properly calibrated: Breathalyzer tests need to be properly calibrated and routinely maintained. When these maintenance requirements are not met, breathalyzer tests may produce inaccurate and unreliable results.
The police officer lacked the proper training: If the police officer who administered the breathalyzer test did not know how to properly do so, it may call the alleged breathalyzer test results into question.
The breathalyzer test was an illegal search: The arresting police officer must meet two separate legal standards to legally pull over the driver and administer a breathalyzer test. If the police officer failed to meet those standards, it may result in the drunk driving charges being dismissed.
The arresting officer did not testify: Accused drivers, and others accused of committing crimes, have the right to confront witnesses against them which includes the arresting officer. If the arresting officer fails to testify, it may be grounds to throw the charges out.

Drunk driving charges can turn an accused driver’s life upside down. For that reason, they should be familiar with DUI defense options including how to challenge a breathalyzer test.

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