There are different ways an accused driver may end up facing drunk driving charges and may involve field sobriety or breathalyzer tests. For that reason, accused drivers should be familiar with their criminal defense options from the moment they are faced with a traffic stop that could potentially lead to an arrest and DUI charges.
Breathalyzer test challenges
One method of challenging DUI charges is to take a look if the breath test is accurate and reliable. Breathalyzer tests must meet certain requirements to be considered accurate and reliable including:
- List of devices – the breath test device must be on a conforming list of acceptable devices.
- Properly maintained – the breath test device must be properly maintained and checked for accuracy at regular and set intervals.
- Properly trained – the police officer administering the test must be certified to administer that particular device.
- Properly administered – the police officer administering the test must do so in accordance with the training they have received.
- No bodily fluid interference – the police officer administering the test must ensure that the accused driver’s bodily fluids do not interfere with the breath test results.
- Two readings within .02 of one another – lastly, the breath test must capture at least two measurable readings that fall within .02 of one another.
A successful challenge can mean a lot
Because a breathalyzer test may form the basis for a drunk driving charge, they must be certain requirements and it is important that they do. If a breathalyzer test does not meet these requirements, it may be possible to challenge the accuracy and reliability of the breath test and to challenge the DUI charges based on the breathalyzer test as one criminal defense option accused drivers should be familiar with.