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Challenging your breathalyzer test results

On Behalf of | Apr 19, 2022 | Criminal Defense

Many people think that breathalyzer test results are infallible and that their case is as good as closed if they failed their breath test. However, these devices are not always correct, and they could exaggerate the level of alcohol in your system. 

You may end up being arrested and charged with driving a motor vehicle while drunk, even when you are sober.

In such a situation, you need to protect your rights given that your charges are based on a misrepresentation of facts. Here are some instances when a Breathalyzer can give incorrect results:

Faulty testing devices

A malfunctioning Breathalyzer is not likely to give correct results. For example, if a Breathalyzer is not well-calibrated before being used to test your alcohol levels, the result may be incorrect. 

Improper administration by the police

Equally, an officer who is not well trained on how to conduct the breath test may make mistakes that can affect your results. The officer should know how to guide a suspect through each step so that the results are as accurate as possible.

Existing medical conditions

Certain medical conditions can lead to wrong conclusions about your sobriety when you undertake a breath alcohol test. For instance, acid reflux or alcohol-based medications could throw the testing off quite dramatically.

Preparing your defense

Depending on the circumstances of your case, you can successfully challenge the reliability of your breath test results. Remember, challenging evidence can get complex. It may involve legal technicalities and processes that can get confusing. Therefore, it is advisable to find out as much as you can about your legal options as you work with your defense.