There are several possible ways to challenge a breathalyzer test that has resulted in drunk driving charges. A DUI can be devastating for many accused drivers and can take a toll on both accused drivers and their families which is why accused drivers should be familiar with the different options for challenging a breathalyzer test.
Options for challenging a breathalyzer test
There are several different possibilities for challenging a breathalyzer test that accused drivers will want to be aware of including:
- The breathalyzer test was not properly calibrated – a requirement for breathalyzer tests to produce accurate and reliable results is that they are properly calibrated. Breathalyzer tests need to be properly maintained at regular intervals.
- Police officer lacked proper training – police officers must be properly trained to administer a breathalyzer test. If they are not, mistakes may be made that can impact the accuracy and reliability of the results.
- Police officer failed to appear in court – criminal defense rights include the right to confront any witnesses against the accused individual. If the administering officer does not testify in support of the traffic stop and the test results, the accused driver may be able to challenge the breathalyzer test on that basis.
- The breathalyzer test was an illegal search – criminal defense rights also include constitutional protections against unreasonable searches and seizures. If the arresting officer did not meet the appropriate standard for the traffic stop and breathalyzer test, it may be possible to challenge the validity of the test
- Breathalyzer tests generally lack reliability – there is some evidence that breathalyzer tests can be generally unreliable which may be another way to challenge breathalyzer test results against the accused driver.
DUI charges can set off a chain reaction of criminal penalties, administrative consequences and may impact the accused driver’s personal and professional lives. For that reason, it is useful to know how a breathalyzer test challenge may lead to a challenge of the drunk driving charges the accused driver is facing.