A breath test can be used as the basis of drunk driving charges which are serious criminal charges. For that reason, accused drivers need to be familiar with the ways they can challenge the accuracy and reliability of a breathalyzer test that was not properly performed or maintained.
Breath test requirements
Breathalyzer tests must meet certain requirements, otherwise it may be possible to challenge a breath test as part of a drunk driving defense. Requirements breath tests must meet include:
- The breath test device used must be on a conforming list of acceptable devices;
- The breath test device must be properly maintained and checked for accuracy at regular and set intervals;
- The police officer administering the breath test device must be qualified to do so;
- The police officer administering the test must do so according to the 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 breathalyzer test must capture at least two measurable readings that are within .02 of one another.
Potential penalties and consequences of drunk driving charges can include jail time, steep fines and the loss of a driver’s license. DUI charges can have both serious personal and professional consequences for accused drivers.
You have the right to question breath test results
If there is some question of the reliability or accuracy of a breathalyzer test, it is important for an accused driver to consider that as part of their criminal defenses. Familiarity with criminal defense rights and how to develop a strong criminal defense strategy is essential for accused drivers facing the serious penalties and consequences associated with drunk driving charges.