Let’s make this clear: driving under the influence (DUI) is a very serious offense no matter where you live. A DUI conviction can result in the suspension of your driver’s license, a fine or a jail term. In other words, if you are convicted of DUI, your life is likely to change for a very long time.
But, a DUI arrest is not always the end of the story. If you have been arrested for DUI, chances are you will be requested to take a Breathalyzer test to establish your blood alcohol content (BAC) level. And Breathalyzer tests are fallible, which means that you can challenge your Breathalyzer test results in court.
Challenging your Breathalyzer test results
As already mentioned, the police will administer a Breathalyzer test to establish your BAC level if you are arrested on suspicion of driving under the influence. But this device is not always right. Here are grounds upon which you can challenge the outcome of your Breathalyzer test in court:
Improper testing procedure
A Breathalyzer device is a scientific machine that must be used in the right manner to provide accurate results. The law enforcement officer in charge of administering the test must be certified, meaning that they must receive proper training before administering this test. Additionally, they must instruct you on how to blow into the equipment properly. Any mistakes in the test’s administration can result in inaccurate test results. You can challenge the validity of your test result if you believe mistakes were made while administering the test.
Your health condition
Certain medical conditions and medications can skew the outcome of the Breathalyzer test result. These include:
- Dental work or adhesives that can trap alcohol in your mouth
- Gastrointestinal disorders such as gastroesophageal reflux disease (GERD)
- Alcohol containing mouthwash or breath sprays
- Asthma medications
- Oral pain relievers
Most people wrongly assume that if their Breathalyzer test result is above the limit, they are as good as being guilty of DUI charges. However, this is not always the case. With proper evidence, you can challenge your Breathalyzer test result and avoid the harsh penalties that come with a DUI conviction