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You can certainly challenge a breath test


Do you usually assume that a breath test is a definitive form of evidence in a drunk driving case? If you are given a test and your blood alcohol concentration (BAC) comes back at 0.08% or higher, meaning that it is over the legal limit, would you assume that you are definitely going to be given a DUI?

People do think of breath tests this way. These are scientific devices that measure the alcohol in your system at the time. The court system has established that impairment can be presumed at 0.08%. So a scientific test showing that the driver has reached that level sounds like it gives the court the freedom to assume they were impaired and convict them on the charges.

Reasons to challenge

But the real truth is that you can definitely challenge your breath test on many different grounds. Here are just a few examples:

  • The test was not an approved make or model.
  • The test had not been calibrated properly.
  • The police officer made mistakes while using the test.
  • The police officer was never trained on how to use the test properly.
  • You may have had alcohol in your mouth, leading to an artificially high reading.
  • The breath test device itself was unreliable.
  • The officer made an illegal stop, so the breath test should never have been administered in the first place.

Breath tests are a tool that the police use to determine if someone is intoxicated or not. But that doesn’t mean that they always do this correctly or that they never make mistakes. If you believe they have done so, then you need to know about all of the legal defense options at your disposal.

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