A breathalyzer test is, unfortunately, a common way for drivers to end up with DUI charges. When a driver has allegedly failed a breathalyzer test and is left facing DUI charges and the penalties and consequences associated with DUI charges, it is important that they know how to challenge a breathalyzer test.
A breathalyzer test result that leads to drunk driving charges may only be accepted if it is determined to be reliable. Breathalyzer tests must be routinely maintained and properly calibrated to produce accurate and reliable test results.
Drivers facing DUI charges should understand the guidelines for breathalyzer tests including:
- The breath test used must be on a list of acceptable devices;
- The breath test used must be properly maintained and regularly checked for accuracy at set intervals;
- The police officer administering the test must be properly trained in the use of the particular breathalyzer test;
- The police officer administering the test must do so according to the training they received;
- The police officer administering the test must ensure that the driver’s bodily functions do not interfere with the test result; and
- The breath test must capture at least two measurable readings within .02 of one another.
Challenging a breathalyzer test is one method of challenging DUI charges. There are other DUI defense options that accused drivers should be familiar with as well which can include challenging a field sobriety test or other defense strategies. Because of how serious DUI charges are for accused drivers, it is important that they are familiar with their criminal defense rights and have a strong criminal defense strategy against the charges they are facing.