Don’t assume that a breath test is accurate. Don’t assume that failing the test during a DUI stop means that you are going to be convicted. People often look at breath tests this way, but it is not realistic. The tests are sometimes wrong and a conviction is never guaranteed.
Because these tests can be wrong, you may be able to challenge the results if you end up in court. What are some of the potential reasons to do so?
It wasn’t an approved device
First and foremost, there are specific approved devices that have to be used for breath tests administered by the police. These are much different than the consumer models that you can buy online. If a police officer uses a non-approved device, the results cannot be used in court.
It hadn’t been calibrated or maintained properly
Even if a police officer has the correct device, how often did they do maintenance? When did they last calibrate it to see if the test is still accurate? If these steps have been skipped, then the results may be inaccurate.
The officer made a mistake or wasn’t trained
In some cases, you may simply feel that the officer made a mistake while administering the test, calling the results into question. But, even if you did not notice or identify this mistake yourself, it could be a problem if it turns out that the officer wasn’t properly trained. Without training, what discrete mistakes did they make that you just didn’t notice? Lack of training leads to errors and inaccuracy.
These are just a few reasons to keep in mind, but they certainly show that challenging a breath test is possible. Be sure you know what legal steps to take.
