Billam & Henderson, LLC Attorneys at Law
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Ways to challenge a Breathalyzer test

Drunk driving charges are serious criminal charges that can result in extensive penalties and negative consequences for accused individuals. One way of challenging a drunk driving charge based on a Breathalyzer test is to challenge the reliability of the testing device.

Breathalyzer tests are used to measure the accused driver's blood alcohol content based on them blowing into the Breathalyzer device. There are certain requirements for a Breathalyzer test to be able to produce reliable results and it is important for accused individuals to be familiar with these requirements. Most importantly, it must be demonstrated that the Breathalyzer test can produce reliable results.

To produce reliable results, the Breathalyzer test must be in proper working order and properly maintained. Breathalyzer tests must be maintained at regular intervals and must also be properly calibrated. If a Breathalyzer test is improperly maintained or improperly calibrated, the results of the test may not be reliable and may form the basis of a challenge by the accused driver.

Guidelines that should be followed for a Breathalyzer test to produce accurate results include that the Breathalyzer device must be on a conforming list of acceptable devices; the Breathalyzer device must be properly maintained and checked for accuracy at regular and set intervals; the police officer administering the test needs to be certified to administer that particular test; the police officer administering the test needs to do so according to their training; the police officer administering the test needs to ensure that none of the driver's bodily functions interfere with test administration; and the Breathalyzer test must capture, at a minimum, two measurable readings within .02 of one another.

A lot is on the line when it comes to drunk driving charges. Because of that reality, it is important that a Breathalyzer test is reliable and if it is not, that accused drivers know how to challenge a Breathalyzer test when the circumstances warrant.

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