Hot to Challenge a Breathalyzer Test


Facing a DUI accusation may seem impossible, but it's not end of the world. In fact, a DUI doesn't have to be the end of your reputation or career either. Breathalyzer testing is one of the most common forms of DUI evidence, but a defense attorney can challenge breath test results.

Police use Breathalyzer tests to "prove" that an individual drove under the influence of alcohol, but these tests are not always accurate. In fact, an inaccurate breath test can lead to a false conviction. During DUI trials, the jury must determine whether the Breathalyzer test was accurate. If it was inaccurate, the prosecution cannot prove DUI without a reasonable doubt.

The arresting officer must calibrate the Breathalyzer test in order to obtain an accurate result. The test is not reliable without calibration.

Breathalyzer Defenses:

  1. Inaccurate Test Results
  2. Test Was Not Calibrated
  3. Officer Was Not Trained
  4. No "Reasonable Suspicion"

Police officers must be trained in order to administer a Breathalyzer test. Without training, officers cannot lawfully give the test, and the prosecution cannot use the results against you in court. Simply put, if the officer's training was unreliable, the test results are too.

Sometimes, Breathalyzer testing is a form of "illegal search and seizure." Without reasonable suspicion (evidence of a crime), the officer cannot conduct a DUI investigation, including a breath test. For example, if a police officer pulled you over without a good reason, any evidence obtained after the traffic stop is not admissible in court.

At Lessem, Newstat & Tooson, LLP, we are well versed in DUI defense. Our team of topnotch Ventura criminal defense attorneys has handled more than 200 jury trials. Let us put this experience to work for your case! Call our office today and ask about our consultations; the sooner we hear from you, the faster we can fight your DUI.

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