What are the ways of challenging a breathalyzer test?

On Behalf of | Mar 9, 2021 | Drunk Driving |

Drunk driving charges can be overwhelming but it is important for accused drivers to know how to advocate for their themselves when they are facing them. One of the ways to protect themselves and defend themselves may be for accused drivers to challenge a breathalyzer test which is why they should know how to do so.

Breathalyzer test not reliable

It may be possible to argue that the breathalyzer test was not reliable. Breathalyzer tests may be unreliable for a variety of reasons including if it was not properly maintained.

Breathalyzer not properly calibrated

Breathalyzer tests must be properly calibrated to measure the driver’s blood alcohol content level (BAC). If it is not, the results of the test may be called into question.

Police officer not properly trained to administer breathalyzer

It may be possible to question the police officer’s training administering a breathalyzer test. If the police officer did not receive proper or adequate training to administer a breathalyzer test, it may be possible to challenge the breath test results.

The breathalyzer test was an illegal search: if the police officer lacked legal authority to conduct the traffic stop that led to a breathalyzer test, or the legal authority to conduct the breathalyzer test, the breathalyzer test may not be considered legal and the accused driver may be able to challenge it.

The police officer who conducted the breathalyzer test does not testify: anyone accused of committing a crime has a right to confront witnesses against them which includes an arresting police officer. If the police officer does not appear to testify, the charges may be thrown out.

Facing drunk driving charges can be an alarming experience for any driver accused of driving while intoxicated. Knowing how to challenge a breathalyzer test can be key to defending against drunk driving charges.