How do you challenge a Breathalyzer test’s results?

On Behalf of | Aug 31, 2021 | DWI Defense

If you are stopped by the police and end up facing allegations of drunk driving, it’s important that you have the option and chance to defend yourself. At the time of an arrest, it’s vital that you do not say or do anything that could hurt your case. That way, you’ll be in the best possible position when you try to challenge the Breathalyzer test and other evidence the police say they have against you.

If your arrest is based on the Breathalyzer test results alone, one thing to note is that you will be able to argue against those results. Even a standardized, calibrated machine can give a false-positive result, which is one of the first things your attorney will look into when helping you defend your case.

Challenging a Breathalyzer test starts with a few simple questions

To challenge a Breathalyzer test, the first thing you should do is ask a few basic questions, such as:

  • When was the last time that the test was calibrated?
  • Was the officer who gave the test legally able to administer it following the appropriate training?
  • Was the test administered correctly?
  • Was enough time given between tests to be sure of accuracy?
  • Did the officer ask you to stop ingesting substances, like breath mints or gum, at least 15 minutes prior to the test?

All of these questions could help you reveal issues with the Breathalyzer test as well as with the traffic stop and interaction with a police officer.

Challenging a Breathalyzer test is just one way to fight charges

It’s the truth that challenging a Breathalyzer test may help you get any drunk driving charges against you dropped, but that isn’t the only option. You can also look into other defenses, such as showing that you had a medical condition that caused a positive test result, that the stop was not warranted or that you were tricked into drinking and driving by a police officer.

If you’re accused of drunk driving, don’t think you have to plead guilty. There are other options available to help you move forward and protect yourself.