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Can you challenge the breath test results for your DWI charge?

On Behalf of | Jul 1, 2022 | Criminal Defense |

During the traffic stop that led to your arrest, you may have thought the only risk was a ticket. The police officer who pulled you over asked you to perform a breath test, and you probably didn’t even hesitate. You knew that you were sober, so you agreed to do the test.

Unfortunately, the testing unit showed that you were somehow over the legal limit for blood alcohol concentration, and the officer arrested you on driving while intoxicated (DWI) charges. The charges that you face could affect your driving privileges and finances, possibly even your freedom.

Can you challenge the test results because you know that they are inaccurate?

There may be an explanation for why you failed the test

An inaccurate breath test might be the only real evidence against you. Especially if the traffic stop was for an unrelated issue and not suspicion of intoxication, getting the courts to exclude the breath test from the pool of evidence might lead to a successful defense. Many defendants have challenged breath tests as a way of avoiding criminal convictions.

As you look into your defense options when facing DWI charges, gathering supporting evidence can help. You might have medical issues that provide a reasonable explanation for why you failed the breath test. There could also be issues with Device maintenance or calibration that you could uncover when reviewing Police Department records. When you can clearly point to a cause for the test returning inaccurate results, you will have an easier time creating a reasonable doubt about whether or not you broke the law. Challenging a breath test’s accuracy can be a viable defense strategy for those facing DWI charges.