Your breath test results are a key piece of evidence that the police will likely try to obtain after a traffic stop on suspicion of drunk driving. If your blood alcohol concentration is over the legal limit, this is a stronger form of evidence than a failed field sobriety test or observations made by the officer at the scene.
However, you can challenge the results of that breath test. It is important to understand how this may be possible, depending on the specifics of your situation.
The stop or test was illegal
First and foremost, you may contest that the initial traffic stop was illegal if the officer did not have reasonable suspicion to pull over your vehicle. They also need to see evidence that you are impaired, which provides probable cause to give you the test. If these conditions were not satisfied, the test itself may have been illegal, regardless of the results.
The officer was not properly trained
Next, you have to consider the officer themselves and whether they were properly trained in how to use the breath test device. If not, it may be unclear whether the results are accurate. You may even believe that the officer made critical errors while administering the test that inflated the numbers or caused you to fail when you should have passed.
There were problems with the testing device
Finally, the breath test device needs to be an approved make and model, and it also needs to be calibrated properly. Police officers are supposed to perform routine maintenance and check the calibration periodically. If they failed to do so, the test itself could have been inaccurate.
These are just a few examples of ways you can still challenge your arrest, even if you failed a breath test. It can help to work with an experienced criminal defense attorney.
