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DUI » DUI Testing » Challenging DUI Evidence » Challenging the Breath Test

Challenging the Breath Test

Many drivers assume that they will have no hope of avoiding a conviction if they were arrested and failed a breathalyzer test. Along with the arresting officer's testimony that the driver was behaving erratically, made statements about what he or she had to drink and performed poorly on field sobriety tests, this may make it seem that the odds are stacked against the driver. This, however, does not have to be the case.

What can be challenged?

Even if you took and "failed" a breath test after a DUI arrest, there are ways that a competent lawyer can challenge the test. This typically requires a complete investigation and sometimes an independent analysis of test results to find even the smallest mistake, error or violation of a driver's rights. It is important to involve a firm that has the resources to carefully review every aspect of your case. You may have taken a breathalyzer test, but this does not necessarily mean that the results are admissible in court. Your attorney may be able to effectively challenge:

  • The manner in which the test was administered;
  • The qualifications/training of the person that administered the test; or
  • The breathalyzer device itself.

There is a specific way that a breath test should be administered. This includes observing the driver for 15 minutes prior to the test to ensure that he or she does not drink, smoke, eat, chew gum, belch or vomit. The breath test device must also be properly calibrated and maintained. Finally, the person that administers the test should be properly trained. If your lawyer carefully investigates every aspect of the testing and other circumstances that led to your DUI charges, he or she may discover that proper procedure or your legal rights were violated. This may be enough to suppress the evidence acquired from the breathalyzer test and may turn your entire case around.

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