A breath test is a critical piece of evidence in a drunk driving case. It measures a person’s blood alcohol concentration (BAC) to see if they are over the legal limit. For most drivers, this is 0.08%, although commercial drivers and underage drivers tend to have lower limits – such as 0.04% for someone with a CDL.
Regardless of your specific limit, there are some ways that you can challenge the results of a breath test. It does not necessarily guarantee that you are going to be convicted of impaired driving.
Calibration issues
To begin with, calibration and routine maintenance are necessary for breath test devices. The police department is supposed to do this on a periodic basis, and if they fail to do so, then it is not clear if the breath test is accurate or not.
Mistakes by the officer
Additionally, a police officer will be administering the test. But if they made mistakes while doing so, that could also call the results into question. Officers need to have the necessary training and expertise to give out these tests correctly. A lack of training is a serious issue.
Other influences
In some cases, you can argue that something else may have influenced the results of the test. Perhaps you burped during the test or you still had alcohol in your mouth, elevating the results far above your actual blood alcohol concentration.
Your legal defense options
These are just a few examples of potential tactics you may consider when facing drunk driving charges. Be sure you understand all of your defense options at this time.