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

In New Hampshire, when a person is suspected of driving under the influence (DUI) of alcohol, the police officer may administer a breathalyzer test to measure the individual’s blood alcohol content (BAC). If the BAC is higher than the legal limit, the person can be charged with a DUI. However, there are common defenses that can be used to challenge the breathalyzer test and possibly have the charges reduced or dismissed. One defense that may be used is the accuracy of the breathalyzer test. Breathalyzers must be regularly maintained and calibrated according to the manufacturer’s specifications in order to ensure accurate readings. If it can be demonstrated that the breathalyzer was not maintained properly or was not calibrated correctly, it can be argued that the results of the test are inaccurate. Another defense is mouth alcohol. This occurs when there is an outside source of alcohol (e.g., from mouthwash, cough syrup, or denture adhesive) present in the mouth. This can cause the breathalyzer to read higher BAC than what the person actually has. In this case, it can be argued that the results are inaccurate. Lastly, the defense of testing errors may be used. This occurs when the person administering the test does so improperly or against the guidelines set by the manufacturer of the breathalyzer. This could include any errors that occurred during the process of the breathalyzer test, such as incorrect instructions or incorrect timing. If this defense can be proven, the results of the test can be challenged. In conclusion, New Hampshire DUI laws are very serious and the penalties for a conviction can be severe. Therefore, it is important to understand the common defenses used to challenge a breathalyzer test, such as the accuracy of the test, mouth alcohol, and testing errors. An experienced lawyer can help you determine which defense may be applicable to your case.

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

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