Strategic Defense
From A Former Prosecutor

Can you challenge a breath alcohol test?

On Behalf of | Aug 2, 2022 | Drunk Driving

Don’t make the mistake of assuming that you can never challenge a breath alcohol test. Far too many people believe that having a breath test say that they are over the legal limit (0.08% in blood alcohol concentration) means that they are essentially out of options. They believe they’re going to be convicted on drunk driving charges.

A breath test is a major part of a conviction, but that doesn’t mean that these tests are always accurate. There are different ways that you can challenge them. Let’s consider a few of them below:

No one calibrated the machine

Breath tests do not stay perfectly accurate forever. They must be calibrated at certain times and routine maintenance has to be done. If these steps are skipped, then the results the test gives during a traffic stop may not be accurate. 

The device itself was unreliable

In some cases, the breath test device itself may have been proven to be unreliable in the past. It’s also possible that the wrong make or model was used when very specific designs are supposed to be utilized by the police department.

The officer made a mistake

Even with a test that is reliable and calibrated properly, you still have the chance for human error. If the police officer made some sort of critical mistake, it may mean that the reading was not accurate when he or she took it to begin with.

Exploring your options

As you can see, it’s very important to explore all of your legal options when facing any type of criminal charge. Never assume that there’s nothing you can do simply because of the evidence against you.