Don’t assume that a breath test failure means you are definitely going to be convicted on drunk driving allegations. Just because the test says that you are over the legal limit doesn’t necessarily mean that you actually are. Contrary to what many people believe, there are ways you can challenge a breath test.
You may still get arrested. But it’s important to know what legal steps you can take after the fact. To help, here are some reasons you may want to challenge the results of that test.
Device calibration
To start with, a breath test needs to be maintained and calibrated on a set schedule at the police department. If the test was neglected and the officers did not perform this calibration, they cannot be sure that the results are accurate.
The make and model
It’s worth noting that there are only certain devices that have been approved for official use by law enforcement agencies. Any results from a consumer-grade test cannot be used in court.
Officer mistakes
Even if the officer has the correct device, they could still make mistakes when administering the test. In fact, you may be able to challenge that test if the officer just lacked the proper training and didn’t know how to do it correctly.
Additional factors
Finally, there may just be other reasons why you think the test was inaccurate. Maybe you burped during the test or perhaps you used mouthwash before taking it, so you think you still had some alcohol content in your mouth at the time.
If you are facing drunk driving charges, this shows you that there are always legal options. Be sure you know what steps to take.