If you are pulled over by the police and given a breath test, and you fail that breath test by exceeding the legal limit for blood alcohol concentration (BAC) of 0.08%, you may assume that you are definitely going to be convicted on drunk driving charges. The police will simply have to show the results of the breath test to the court, they will presume you were impaired because you were over the limit, and that will lead to the conviction.
While that may happen, it’s important not to assume that it’s a guarantee. In reality, there are many ways that you can potentially challenge your breath test. Let’s look at a few examples below.
Calibration issues
First of all, remember that breath tests have to be properly calibrated. In some cases, routine maintenance might need to be done on a set schedule. If the police department failed to maintain or calibrate their devices, there’s no way to know if they’re actually accurate, so the results of your failed test may not be used in court.
Other influences
In some cases, breath tests can also be influenced by other factors. For instance, it can throw off the test if you used mouthwash containing alcohol or if you burped while taking the test.
Mistakes by the police officer
Furthermore, a test is only as accurate as the officer who is carrying it out. If that officer made clear errors while administering the test, it may not be accurate. Likewise, it’s important for the officer to have proper training on how to give a breath test in the first place. An officer who lacked training may have made mistakes, even if they didn’t realize it.
These are just a few areas to consider if you are fighting drunk driving charges. Take the time to look into all of your legal defense options.