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Ways to challenge a breathalyzer test and drunk driving charges

| Nov 24, 2020 | Uncategorized |

Drunk driving charges can take away the accused driver’s personal and professional lives as they know it. They can face significant penalties and consequences because of a drunk driving charge, including incarceration, fines and the potential loss of their driver’s license. They should know how to defend against drunk driving charges.

Methods of challenging a breathalyzer test

One method of challenging a drunk driving charge based on an alleged failed breathalyzer test is to challenge a breathalyzer test based on certain requirements a breath test must meet including:

  • The breath test device used must be on a conforming list of acceptable devices;
  • The breath test device used must be properly maintained and checked for accuracy at regular and set intervals;
  • The police officer administering the breath test must be certified in the use of that particular breath test device;
  • The police officer administering the breath test must do so in accordance with his training they have received;
  • The police officer administering the test must ensure the accused driver’s bodily functions do not interfere with the breath test results; and
  • The breath test must capture at least two measurable readings that are within .02 of one another.

How these factors play a role in DUI defense

These requirements must be met for the breath test to be considered accurate and reliable to determine intoxication. If any one of these requirements is not met, it may form the basis of the accused driver’s criminal defense. Being prepared to defend against drunk driving charges, and having a strong criminal defense strategy, is essential for accused drivers facing the seriousness of a drunk driving charge.