If you get arrested on DUI charges, it may be because you failed the breath test. Your blood alcohol concentration (BAC) was over the limit of 0.08%. You may also have a lower limit if you are an underage driver or a commercial driver.
If you find yourself in this position, you may assume that it’s all but guaranteed that you’re going to be convicted on DUI charges. After all, it appears that failing the breath test gives the court the evidence they need to presume that you were intoxicated. But it’s important to remember that nothing guarantees you’ll be convicted. In reality, there are a few different ways to challenge your breath test results.
Mistakes by the police officer
To begin with, maybe the officer made key mistakes while administering the test. You may allege that they didn’t have the proper training and that their errors mean the results have to be called into question.
Lack of calibration
Similarly, a breath test does need to be calibrated periodically. The police department is supposed to have a set schedule for maintenance and upkeep to ensure the test is accurate. If they neglected to do so, you may be able to challenge the results.
Something else caused you to fail
Finally, there may be other factors that caused you to fail the test. Maybe you used mouthwash with alcohol in it, which triggered the test, or maybe you burped during the test, causing your BAC reading to be much higher than it should have been.
For all these reasons and more, you can challenge your breath test and potentially avoid a DUI conviction. Just be sure you know what legal defense options you have.