For most drivers, a failed breath test means that they are at or above the legal limit of 0.08% in terms of their blood alcohol concentration. Some drivers do have other limits, such as commercial drivers, who are often held to a standard of 0.04%, and underage drivers, who should not have any alcohol in their system to begin with.
But even when someone fails a breath test, there are some ways that they can challenge the results of that test. It is not a guarantee that they will be convicted on DUI charges.
Calibration and maintenance
For instance, regular maintenance may need to be carried out on a set schedule to ensure that the breath test is properly calibrated at all times. If the police department neglected it and did not perform these calibrations, the test may not be accurate and the results cannot be trusted.
Mistakes made by police officers
Additionally, an officer has to administer the breath test. If they made mistakes or if the department never gave them the training that they needed to perform that test, it can call the results into question.
Other influences
Finally, it is important to remember that certain things could influence the test to produce an abnormally high result. If a person burps while taking the test, for example, it can increase their mouth alcohol content. This could cause them to fail the test, even if their actual BAC is well below the legal limit.
These are just a few potential options to keep in mind. If you are facing DUI charges, it can help to work with an experienced defense attorney.
