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Can you challenge a breathalyzer test?

On Behalf of | Mar 3, 2023 | DUI Defense |

If you are stopped by the police with reasonable suspicion that you may be drunk, they may perform a breathalyzer test. If your blood alcohol concentration (BAC) level is 0.08% or more or 0.01% or higher for drivers under 21 or 0.04% or more if you are a commercial driver, you may be arrested and charged with driving under the influence (DUI) of alcohol.

However, you can fight this charge and prevent it from getting into your record. One of the defenses you can use is challenging the breathalyzer test. This guide discusses how you can do this.


Breathalyzers are one of the best devices introduced by technology. They help police officers work efficiently in preventing drunk driving. However, like any other machine, their reliability can be questioned. Breathalyzer results can be affected by breath temperatures and atmospheric pressure.

Thus, if you were not drunk or the test gave higher results than what you believe your consumption was, you can challenge the device’s reliability.

Police officers should carry out a couple of breathalyzer and field sobriety tests to get reliable results.

Poor calibration

Breathalyzers are machines that should be calibrated after a certain period to improve their efficiency. Thus, if a device is not calibrated or it was poorly done, it can give wrong results. This can be another defense angle to consider.

Test performed sooner

If you had a glass of wine and were stopped by the police a few minutes later, your results may be higher. This is why it’s vital to request for a test to be administered at the police station to give you enough “waiting period.”

Drunk driving carries significant penalties. It will be best to get legal guidance to defend yourself.