How to Challenge Breathalyzer Test Results?

If you are charged for DUI or Driving Under Influence and your BAC or Blood Alcohol Concentration is over the registered amount i.e. 0.8%, do not think this is an open-and-shut case for the prosecution. You so still have hopes to come out of the charges and drive again. You can challenge the breathalyzer reading and your criminal defense attorney will help you in that. If the tests are not trustworthy, they cannot be produced in the court against you.

The breath test is the scientific way to test if you were driving after consuming alcohol above the recommended quantity. It establishes that if you were driving under influence. You can challenge the result and the court’s decision only when you are confident. Therefore, you can hire an attorney to prove you right.

Breath Test Challenge

The breath test involves testing the exhaled air, this test measures the amount of alcohol from that air. Though this test is easy to perform still it has a major drawback. The determining factor is often variable as it is an indirect method. There could be several influential factors like temperature, chemical composition, atmospheric pressure, chemical composition in the blood, level of physical activity etc. Arguably these are the factors to regulate the test results.

The test results also may change according to the circumstances, testing time, the tester’s skill and experience and equipment quality.

Ways to Challenge Results

Certain Medical Conditions

A person with a few medical conditions can come up with positive test results. The diseases include gastro disorders like GERD or gastroesophageal reflux disease, high red blood cell count, high ketone level etc. can turn your breath test results. If you have such medical conditions, you can challenge the result.

Certain Medications

Different medications can give a false positive test result while using the breathalyzer device. Even over-the-counter (OTC) medications can also do so. Type of medications to impact BAC results are –

• Oral pain reliever

• Cough syrup, Vicks and other OTC medications

• Asthma medicines

• Dental medicines

Calibration Failure

To produce the right results, the device must be in the top working condition. It must be maintained regularly. If it fails to calibrate well, the police fail to calibrate the device rightly, you have a strong point to prove yourself innocent. You can easily challenge the BAC reading.

Testify Failure

The Sixth Amendment to the U.S. Constitution gives you the right to confront any of your witnesses. The police officer who conducted the test also comes under this amendment. If the police officer cannot testify, you can pledge for a cross-examination and come out clean. For details, contact a criminal defense attorney.

Human Factor

Apart from the medical conditions and medications, there are certain facts that contribute to the results. High body temperature can inflate the results. The test results are also affected by the breathing pattern.

Hire our criminal defense attorney in OKC at Handley Law Center. We will help you to come out of DUI allegations.

** Disclaimer: This blog article is not legal advice and does not create an attorney-client relationship.