Michael A. Ferraro, Esq., P.C.

Can I challenge the Breathalyzer test results? 

On Behalf of | Mar 1, 2022 | DWI defense |

A drunk driving charge is serious. Depending on the specifics of your case, a DUI conviction can result in the suspension of your driver’s license, fines and even jail time – and a Breathalyzer test that shows your high blood alcohol content (BAC) can be very strong evidence against you.

However, a Breathalyzer test result isn’t always as sound as the police would have you believe. Here are grounds upon which the Breathalyzer test results can be challenged:

The equipment was not properly calibrated or maintained

The Breathalyzer equipment requires proper calibration to work properly. If the equipment is not properly calibrated, it will certainly produce inaccurate results. Similarly, the device should also undergo routine care and maintenance to make sure that it remains in good working order for every test. 

The officer who administered the test lacked the appropriate skill

The Breathalyzer equipment is only as effective as the person who operates it. If the officer who conducted the test did not have adequate training on how to operate the device, they may have made errors that affect the reading.

You used certain products moments before taking the test

The use of certain products and medications can skew your BAC test results to produce a false positive during the Breathalyzer test. For instance, mouthwash and breath fresheners contain traces of alcohol that can impact the test result. Medications like antidepressants can also affect your BAC result. 

Most people wrongly assume that a positive Breathalyzer test result automatically means that they will be convicted for drunk driving. However, this is not always the case. Find out how you can challenge your Breathalyzer test result for a better outcome in your case.