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How can a breath test be challenged?

Police often conduct a battery of tests on motorists whom they pull over on suspicion of driving while under the influence. As part of this testing process, they may request the suspected drunk driver to undergo a Breathalyzer test. This test is aimed at determining if a suspect has a blood alcohol concentration above 0.08 percent, which is the legal limit.Should you ever be in the unfortunate position of being asked to submit to such a test and your BAC registers above the legal limit, you are likely to be arrested and charged.

This is bad news as a DUI can result in fines, the loss of driving privileges and even jail time. So, given that courts routinely accept Breathalyzer test results as accurate, is there any form of defense that you can make in an effort to refute the charges? Well, you should know that a Breathalyzer must be correctly calibrated in order for its results to be admissible as evidence in court.

Additionally, the test must be properly administered. A defendant can improve his or her chances of receiving a favorable outcome in court if they can successfully demonstrate that the Breathalyzer in question was not properly calibrated, or that it consistently yielded errant results.

A DUI attorney may be able to help you prove that the machine with which you were tested was not reliable and therefore its results should not be used against you. The attorney can work to secure information about the Breathalyzer, which may demonstrate that it was not properly maintained. A charge of driving under the influence is a serious matter. A DUI attorney may be able to help you build a defense that will allow you to avoid severe penalties and retain your license.

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