This blog recently discussed that there are requirements breathalyzer tests must meet in order to produce reliable results. Breathalyzer tests that are not properly calibrated or are poorly maintained may produce unreliable results and if that happens, it may be part of the accused driver’s defense to DUI charges.
Because the reliability of a breathalyzer test can be important for accused drivers, they should be familiar with the requirements for breathalyzer test reliability. Breathalyzer tests must be included on a list of acceptable devices; must be checked for accuracy and regular, set, intervals; the police officer administering the test must be certified to administer that particular device and must administer it according to the training they have received; and the police officer administering the test must ensure the driver’s bodily functions do not interfere with the test results.
In addition, the breathalyzer test must capture two measurable readings within .02 of one another to be considered reliable. When a breathalyzer test has not been properly maintained, and the test results are called into question, it may be possible to challenge the DUI charges based on its results. DUI charges are oftentimes based on a breathalyzer test. Being under the threat of DUI charges can be overwhelming which is why drivers should know how to mount a criminal defense response.
Challenging a breathalyzer test may be one element of a criminal defense strategy. Accused drivers should be familiar with their criminal defense options so they can formulate an all-around strong criminal defense strategy.