An arrest for drunk driving can be overwhelming for any accused driver. Accused drivers face sudden, and significant, changes to their lives when facing DUI charges. Many drunk driving charges are based on a breathalyzer test which is why accused drivers should understand what is required for a breathalyzer test to be considered valid.
Part of a strong DUI defense may include challenging a breathalyzer test upon which the charges they are facing are based. Breathalyzer tests must be certain requirement to provide test results that are considered accurate and reliable. If this standard is not met, it may be possible to challenge the breathalyzer test results. To begin with, breathalyzer tests must be routinely maintained and calibrated on regular and set intervals.
In addition, breathalyzer tests must meet certain requirements including that the breath test device used is included on a list of acceptable devices; the police officer administering the test must be certified in the use of that particular test; the police officer administering the test must do so in accordance with the training they have received for that particular device; the police officer must ensure the accused driver’s bodily functions do not interfere with the breathalyzer test results; and the breath test must capture at least two measurable readings within .02 of one another.
It is important that all of the requirements for a valid breathalyzer test are met because a failed breathalyzer test can have significant consequences for an accused driver. It is also important to accused drivers are familiar with their criminal defense rights and options when confronted with DUI charges.