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Is it possible to challenge a breathalyzer test?

| Aug 25, 2020 | DUI/DWI |

Breathalyzer tests can be a primary component of drunk driving charges. Because drunk driving charges, and the penalties and consequences associated with them are so significant, accused drivers should be familiar with breathalyzer test requirements.

Was the breathalyzer test routinely calibrated and maintained?

Breathalyzer tests must be routinely calibrated and maintained at set intervals to provide reliable test results. If the breathalyzer test device that was used was not routinely calibrated or maintained, it may be possible to challenge the test on that basis. A set schedule should be in place and followed for maintaining and calibrating breath test devices.

Was the police officer trained to administer the test?

Police officers must be properly trained to administer a particular breath test device. They must also administer the breathalyzer test according to the training they have received. If they are improperly trained, or fail to administer the test based on the training they have received, it may be possible to challenge the test on that basis.

Did the accused driver’s bodily functions interfere with the test results?

The police officer conducting the breathalyzer test must take care that the accused driver’s bodily functions do not interfere with the breathalyzer test results. If they do, the test results may not be reliable.

There are other requirements associated with breathalyzer tests including that the test used must be on a conforming list of breath test devices and that the breath test device must capture two measurable readings within .02 of one another. Some requirements may also vary by state. Breathalyzer tests may not always be right which is why accused drivers should understand as part of their criminal defense strategy how they may be challenged.