A breathalyzer test may be relied upon to charge an accused driver with drunk driving. Because of the significance a breathalyzer test can carry, it is important for accused drivers to be familiar with methods of challenging a breathalyzer test and the DUI charges they are facing.
Breathalyzer tests may be challenged if:
- The breathalyzer test was not properly maintained or calibrated – breathalyzer tests must be routinely maintained and calibrated according to a set schedule to produce reliable results. If this was not done, it may call into question the reliability or accuracy of the breathalyzer test results.
- The breathalyzer test was not properly administered – breathalyzer tests must be properly administered according to the training the police officer has received. It is important that police officers administering breathalyzer tests are properly trained to do so and administer any test in accordance with that training they have received.
- The accused driver’s bodily fluids interfered with the test – breathalyzer tests results may be unreliable if the accused driver’s bodily fluids interfered with the test results such as if the accused driver vomits when the breathalyzer test is being conducted.
Because a breathalyzer test can form the basis of drunk driving charges, it is essential for accused drivers to know how to question the reliability and challenge the accuracy of a breathalyzer test upon which their criminal charges may rest. Preparing a strong DUI defense can be the difference between jail time, fines and license suspension or not so it is helpful for accused drivers to be familiar with their criminal defense options when facing accusations of driving under the influence.