If a breathalyzer test has led to drunk driving charges, one of the possible methods of challenging the charges may be to attack the validity of a breathalyzer test. Breathalyzer test results can lead to DUI charges, which is why the accuracy of the test results is exceptionally important to the accused driver.
A breathalyzer test measures an individual’s blood alcohol content, but if the test is not reliable, then any subsequently filed charges may be based on erroneous and misleading evidence. Breathalyzer tests must be properly maintained and calibrated to produce accurate and reliable results, and a variety of different pieces go into ensuring the breathalyzer test is in proper working order to ensure reliable test results. Any issues pertaining to these matters may render test results inadmissible at trial.
The requirements for maintaining a breathalyzer may vary, but there are some general guidelines that should be followed to ensure the integrity of the test results. To begin with, the breathalyzer test device must conform to a list of acceptable devices. The breathalyzer test must also be properly maintained and regularly checked for accuracy at set intervals. The police officer administering the test must be certified to administer the test, and he or she must do so in accordance with the training they received. Also, while the test is being administered the police officer must ensure that none of the driver’s bodily functions interfere with the test. In addition, the breathalyzer test must capture at least two measurable readings within .02 of each other.
There are a variety of different ways to challenge DUI charges depending on the circumstances. One of those ways is to challenge the breathalyzer test. DUI charges are serious criminal charges that should not be taken lightly, so accused drivers should not waste any time in hesitating to prepare a strong criminal defense strategy, including one that may render the prosecution’s evidence inadmissible.