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Ways to challenge breathalyzer results in DUI cases

On Behalf of | Jul 10, 2024 | DUI Charges

The penalties for committing a driving under the influence (DUI) offense can be harsh, including fines, license suspension and even possible imprisonment. One of the tools that law enforcement officers use to confirm if a driver has committed a DUI is the breathalyzer, which measures blood alcohol concentration (BAC).

However, this device is not always reliable because it can produce inaccurate results due to various reasons. If you are facing a DUI charge, how can knowing a breathalyzer’s potential inaccuracies and malfunctions help you challenge your results?

Calibration and maintenance issues

A breathalyzer requires regular calibration and maintenance to yield accurate results. If the device used in your DUI arrest was not properly calibrated or maintained, it could produce an incorrect BAC reading.

Interfering substances

In addition, certain substances can interfere with breathalyzer results, which can lead to falsely high BAC readings. These substances can include mouthwash, breath fresheners or other contaminants.

Operator errors

Also, the accuracy of results can depend on the proper use of the device. If the officer did not follow the proper procedures when administering the test, it could lead to inaccurate results. This could include not observing you for the required time period before the test or not using a new mouthpiece for each test.

Environmental factors

Further, environmental factors can impact the accuracy of results. For instance, certain chemicals in the air, such as paint fumes or cleaning products, can interfere with the device and lead to false readings.

Extreme temperatures can also affect the breathalyzer’s functioning. When this happens, the test could yield inaccurate results.

Seeking to protect your name and record

Challenging test results can be a crucial part of your DUI defense strategy. However, navigating the complexities of DUI laws can be tough and complicated. With guidance from a legal counsel, you may better understand your rights and explore your options as you seek to protect your name and record.