Most drivers aren’t aware of just how inaccurate a Breathalyzer test result can be. But defense attorneys tend to know that they can challenge a Breathalyzer test in court if necessary. If they’re successful with the challenge, the court will remove the results from the evidentiary record and the results can’t be used against the defendant to convict him or her of a drunk driving crime.
Here are the most common reasons why a court might agree that a Breathalyzer test was inaccurate:
Foreign substances in the mouth: If the test subject had any kind of foreign substance in his or her mouth that had alcohol vapor in it — it could even be rubbing alcohol — it might seriously affect the test. Always use alcohol-free mouthwashes before taking a ride in your car.
Poor calibration: Police need to regularly maintain and calibrate Breathalyzer tests to ensure their accuracy. Failure to do so will render sub-par results that a court might readily toss if challenged.
Software problems: A buggy or glitchy software on the Breathalyzer might result in the device reading bad results. Defendants who can prove this might also be able to get the results thrown out.
Human error: “To err is human,” they say and sadly it can be true. That’s why human error is another way to challenge the veracity or accuracy of a Breathalyzer test result.
Poor administration: Some police officers administer their Breathalyzer tests in unlawful and inappropriate ways. This could be another reason to toss the results.
Failed in terms of consistency: Officers don’t just test drivers’ breath once. They ask them to blow into their devices several times. This helps prove that the results are accurate. Discrepancies in readings could help your case.
There are many ways to defend against a drunk driving allegation. It all depends on the nature and circumstances of the arrest and charges. If you’re facing a DUI or some other kind of traffic offense, study up on Illinois criminal defense law before you need to take your case to trial. The knowledge could help you to make the best choices for your case.