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Can you challenge a breath test as part of your DWI defense?

On Behalf of | Jun 8, 2020 | Dwi |

Different criminal charges have different potential defense strategies that may be useful for those accused of crimes. Those facing allegations of driving while intoxicated (DWI) may worry that because their arrest followed a chemical breath test that there isn’t any way to potentially defend themselves.

After all, quite a few people mistakenly believe that breath tests are infallible. However, as someone facing a DWI charge when you know you weren’t actually drunk, the fact that these devices fail and produce false readings will likely not surprise you at all. You may want to consider challenging the breath test results as part of your defense strategy.

There are numerous ways for a breath test to go wrong

Chemical breath tests are complex devices that look for certain compounds in the exhaled breath of the person submitting to the test. It is possible for other chemicals, like acetone on the breath, to cause a false positive during a chemical breath test. 

It is also entirely possible for the unit to produce inaccurate results due to one of several different issues. The officer performing the test may not know how to properly use the device or may simply make a mistake during its administration. It is also possible for the units to produce inaccurate results due to inadequate maintenance or a failure to update the software that it uses. 

Departmental records ranging from when the device was last calibrated to the certifications and training that the officer who performed the test has completed can help you determine the likely cause of an inaccurate breath test and make it easier to challenge its results.

If you’re facing an unfair drunk driving charge, find out more about possible defense options today.