The process of challenging a breathalyzer test

On Behalf of | Jan 14, 2020 | DWI

Breathalyzer tests may serve as the primary evidence of a DWI charge which is why it is important for accused individuals to know they can be challenged. Challenging a breathalyzer test may be an important part of a criminal defense strategy aimed at DWI charges an accused driver may be facing.

There are several requirements that accused drivers should be familiar with for a breathalyzer test to meet to produce reliable results. The exact requirements vary by state but generally, the breathalyzer test must be on a list of conforming devices; the breathalyzer test must be properly maintained and regularly checked for accuracy according to set intervals; the police officer administering the test must be certified in the use of the particular test and must conduct the test in accordance with their training; the police officer administering the test must ensure that no bodily fluids from the driver interfere with the test; and the test must capture at least two measurable readings within .02 of one another.

If the breathalyzer test fails to meet these requirements, it may be possible to challenge the reliability and accuracy of its results which may form the basis for the drunk driving charges the accused driver is facing. Part of challenging a DWI charge may include challenging the alleged evidence against the accused individual, such as a breathalyzer test result, or statements from authorities or witnesses. It is important for accused individuals to be familiar with how they can challenge DWI charges and to be aware of their criminal defense rights and options.

At lot is on the line for drivers accused of driving while intoxicated and they can face serious penalties and consequences as a result of DWI charges. Because of this, they need to know how to protect themselves with the criminal defense options available to them.

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