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"Let Me Put My Experience To Work For You."
- Stephen M. Misko

Can I challenge a field sobriety or breathalyzer test?

| May 11, 2020 | Dui Defense |

Drivers facing DUI charges, and the upheaval they bring to their lives, may have questions about the criminal defense options available to them. They should be aware that it may be possible to challenge some of the evidence being used against them.

DUI charges usually begin with a traffic stop for which authorities must have probable cause to pull the driver over. What follows may include fields sobriety tests and a breathalyzer test which may result in DUI charges.

Because the potential penalties and consequences associated with drunk driving charges are so steep, accused drivers should be familiar with all of the criminal defense resources at their disposal, including challenge field sobriety tests or breathalyzer tests. There are different options to challenge both.

How can I challenge a field sobriety test?

  • Accuracy and reliability of test – it may be possible to challenge a field sobriety test based on their overall reliability at measuring intoxication.
  • Accuracy of test based on how it was performed – authorities administering field sobriety tests must be properly trained in how to perform them and must use that training when administering a field sobriety test for it to provide accurate and reliable results.

How can I challenge a breathalyzer test?

  • Accuracy and reliability of test – the breathalyzer test used should be on a list of conforming devices believed to be accurate and reliable.
  • The breathalyzer test was not properly maintained or calibrated – breathalyzer tests must be properly maintained and routinely calibrated at set intervals to produce reliable results. If the breathalyzer test used was not properly maintained and calibrated, it may be possible to challenge its results.
  • Accuracy and reliability of test based on how it was performed – authorities administering a breathalyzer test must be properly trained in how to perform them and must use that training when administering a breathalyzer test for it to provide accurate and reliable results.
  • The driver’s bodily functions interfered with tests results – the interference of the driver’s bodily functions, such as vomit, can make the test results less reliable. If authorities fail to ensure the driver’s bodily functions did not interfere with the tests results, it may be possible to challenge them on that basis.

When facing drunk driving charges, it is important to have a criminal defense strategy in place which may include challenging a field sobriety test or breathalyzer test. Accused drivers are facing potential criminal penalties and administrative consequences associated with DUI charges that should not be taken lightly as they plan their defense to the charges.

 

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