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How to challenge a breathalyzer test

On Behalf of | Dec 28, 2020 | dui/dwi |

Preparing a defense against drunk driving charges in Ocean City is important because so much is on the line when drunk driving charges are involved. Accused drivers should be familiar with their options, including how to challenge a breathalyzer test if they find themselves facing drunk driving charges because of a failed breathalyzer test.

Breathalyzer test challenges

Breathalyzer tests must meet certain requirements to be considered reliable and accurate. They must be regularly checked for accuracy to produce reliable results. Additional requirements include:

  • Proper training – the police officer conducting the breathalyzer test must be properly trained to do so.
  • Administered according to training – the police officer conducting the breathalyzer test must do so according with the appropriate training they have received.
  • Breathalyzer test used on list of acceptable devices – the breathalyzer test device that is used must be on a list of confirming devices.
  • Breathalyzer test regularly maintained and calibrated – to produce results that are considered reliable, the breathalyzer test must be regularly maintained and calibrated. This must be done according to a set schedule that can be confirmed.
  • No interference – the police officer conducting the breathalyzer test must ensure the accused driver’s bodily functions do not interfere in any way with the breath test results.

Drunk driving charges can result in serious penalties and consequences for accused individuals. Part of a drunk driving defense may be challenging the breath test that led to the charges which is why accused drivers be familiar with the different approaches for challenging breathalyzer test results.



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