Big Valley Law Is Here For You

Can you challenge a breath test?

On Behalf of | Feb 5, 2024 | DUI

It’s easy to assume that you’re definitely going to be convicted on drunk driving allegations if the police give you a breath test. This test will provide scientific proof that you are over the legal limit. As such, you assume you will be convicted in court.

Don’t make this assumption. Nothing guarantees a conviction, and every case is unique. In fact, there are plenty of reasons why you could challenge the results of a breath test, and you may not be convicted, even if it appeared that you were over the legal limit.

The police may have made certain mistakes

The key is to remember that the police could make mistakes while arresting you that could invalidate that test.

For instance, maybe the officer wasn’t trained properly and never learned how to use the test. Maybe they made clear mistakes while giving you it. You believe that your blood alcohol concentration was actually well below the legal limit, but the officer’s mistakes led to a false reading.

Additionally, there could be issues with the device itself. Maybe you’re not sure if the police used a breath test that was actually an approved model. They can’t just use consumer models that you can buy online, which are generally inadmissible in court. Even if the police did have the correct test, had it been maintained properly? When was the last time it was calibrated? These types of issues could also invalidate the results.

These are just two examples, but they help to show you why it’s so important to look into all of your legal options if you are facing criminal charges of any kind.

Practice Areas


FindLaw Network