Challenging a breathalyzer test can be an important part of challenging drunk driving charges. For that reason, it is essential for accused drivers to be familiar with the different approaches that may be available for challenging a breathalyzer test.
Strategies for challenging a breathalyzer test
There are several different approaches accused drivers can take to challenge a breathalyzer test result that has resulted in them facing drunk driving charges including:
- Reliability: if the breathalyzer test lacked reliability for a variety of different potential reasons, it may be possible to challenge the breathalyzer test results.
- Calibration: if the breathalyzer test was not properly calibrated, it can result in unreliable results which may make it possible to challenge them.
- Training – if the police officer administering the breathalyzer test lacked appropriate training to administer the breathalyzer test, it may be possible to challenge the test results on that basis.
- Illegal search – if the police officer did not have the legal basis required for the traffic stop or to perform a breathalyzer test, it may be possible to challenge the breathalyzer test.
- No testimony – if the arresting officer fails to testify, it can be possible to challenge the drunk driving charges because accused drivers have the right to confront witnesses against them.
One criminal defense strategy to fight drunk driving charges is to dispute a breathalyzer test. Accused drivers should be familiar with their criminal defense rights and their options when they are faced with drunk driving charges which can be an overwhelming and alarming experience for any driver.
