A breathalyzer test often forms the basis of drunk driving charges. More precisely, an allegedly failed breathalyzer test may result in DUI charges which can bring about significant potential penalties and consequences for accused drivers. For that reason, accused drivers should be familiar with possible methods for challenging breathalyzer tests.
Challenging a breathalyzer test
Breathalyzer tests can be unreliable for a variety of different reasons. If they are not properly calibrated and maintained they may produce unreliable results that may be challenged. In addition, human errors can also contribute to the unreliable nature of breathalyzer test results. If officers are not properly trained in how to administer a breathalyzer test or fail to follow their training when administering a breathalyzer test, it may call into question the test results.
Unreliable test results have been thrown out in the past. Greater than 30,000 breath tests were thrown out in a 12-month period. The tests were largely thrown out due to human errors and poor governmental oversight. Across the entire United States, thousands of other tests have also been invalidated in recent years.
It is important to know how to attack a breathalyzer test as part of the accused driver’s criminal defense strategy. If the breathalyzer test is determined to be unreliable, it may result in the breath test results being thrown out and in the criminal charges the accused driver is facing being thrown out as well. For that reason, the accused driver should be familiar with criminal law and their criminal defense protections and rights.