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When can I challenge a Breathalyzer test?

Breathalyzer tests can be challenged under certain circumstances and accused individuals should know what those circumstances are. To produce reliable and accurate results, Breathalyzer tests must be properly maintained and calibrated and if they are not, it may be possible to challenge drunk driving charges that are based on a Breathalyzer test.

A Breathalyzer test may form the basis of drunk driving charges the accused individual is facing which is why it is important to know how they work and how to challenge them. Breathalyzer tests must be kept in proper working order and properly maintained according to a set schedule. How a Breathalyzer test is maintained, and how often it must be calibrated, varies by state law so accused individuals should be familiar with the requirements in their state.

Some requirements associated with Breathalyzer tests include that the particular Breathalyzer test must be included on a list of acceptable devices; the Breathalyzer test must be properly maintained and checked for accuracy at set intervals; the police officer administering it must be certified to administer that particular device; the police officer administering the test must do so in accordance with their training; the police officer administering the test must ensure that no bodily fluids from the accused individual interfere with the test administration which can compromise the accuracy of the results; and the breath test must capture at least two measurable readings within .02 o each other.

Knowing how to challenge a Breathalyzer test can be an important part of a criminal defense that accused individuals should be familiar with. Drunk driving charges can have wide ranging impact on the lives of accused individuals which is why they should understand their criminal defense protections and rights when facing them.

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Sevila, Saunders, Huddleston & White
30 North King Street
Leesburg, VA 20176

Toll Free: 800-239-4122
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