What are the common defenses used to challenge a breathalyzer test?

A breathalyzer test is commonly used in California to measure a person’s blood alcohol content (BAC). When an individual is suspected of driving under the influence, the officer may request that they take a breathalyzer test. Many individuals choose to challenge the test results if their BAC is found to be above the legal limit. The most common defense used to challenge a breathalyzer test is that the breathalyzer machine was not maintained or calibrated properly. A machine that is not properly maintained or calibrated is not reliable, and the accuracy of the BAC reading can be questioned. Another defense is that the breathalyzer operator did not follow protocol when administering the test. There are specific steps that must be taken in order to produce reliable results; if the operator did not follow the required protocol, then the results of the test may be called into question. A third defense is that the individual was suffering from a medical condition known as “mouth alcohol”. “Mouth alcohol” is created when substances like mouthwash, breath sprays, and certain medications enter into the mouth before the breathalyzer is administered. The presence of mouth alcohol can skew the results of the breathalyzer, resulting in an inaccurate reading. Finally, a fourth defense is that the breathalyzer was not of good quality. If the breathalyzer used during the test is outdated or not working properly, then the results may not be accurate. As such, the individual may be able to challenge the test results on the basis that the machine was not working properly.

Related FAQs

Can a person refuse to take a sobriety test if they are stopped by a police officer?
What are the potential consequences for a person under 21 caught drinking and driving?
Are there any legal defenses available to fight a DUI charge?
Is there a difference between a DUI and a DWI?
What are the long-term consequences of a DUI conviction?
Can a person be charged with a DUI if they are not driving?
What is the legal limit for blood alcohol concentration (BAC) in my state?
What kind of compensation is available for victims of drunk drivers?
Can a person be charged with a DUI if they are not driving?
How does a criminal conviction for drunk driving affect a person's employment?

What are the common defenses used to challenge a breathalyzer test?

Related FAQs

Related Blog Posts