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

In North Carolina, a breathalyzer test is a common way for police to detect if a person is driving under the influence of alcohol. However, there are certain defenses that can be used to challenge a breathalyzer test. The first common defense is that the breathalyzer test was not calibrated correctly. The accuracy of the breathalyzer test can be affected if it isn’t maintained and calibrated regularly. If the breathalyzer test is found to be inaccurate, then the results can be thrown out. The second common defense is that the officer administering the test was not properly trained. If the officer administering the test was not properly trained on how to use the breathalyzer or how to interpret the results, then the results of the test could be challenged in court. The third defense is that the breathalyzer test was taken more than two hours after the driver was stopped. This is because the alcohol content in the breath can change within two hours, so the test results may not accurately reflect the driver’s blood-alcohol level at the time of the traffic stop. The fourth defense is that the breathalyzer test results were influenced by other elements, such as mouthwash, cold medicine, or food. If these elements are present, the results of the breathalyzer test could be inaccurate. Finally, the fifth defense is that the breathalyzer test was not properly administered. This could include the officer not properly waiting the required 15 minutes after the person finished consuming alcohol before administering the test. Overall, there are several common defenses that can be used to challenge a breathalyzer test if someone is charged with DUI in North Carolina. With any defense, it is important to seek legal counsel from a qualified attorney in order to assess the viability of the defense.

Related FAQs

When is a person considered legally intoxicated?
Are there any alternatives to a criminal DUI conviction?
Are there any civil suits that can be filed after a drunk driving accident?
What is the difference between a "first-time" and a "repeat" DUI offense?
What type of restitution is available for a drunk driving accident victim?
What are the criminal penalties for drunk driving?
Can a person refuse to take a sobriety test if they are stopped by a police officer?
What is "negligence per se" in the context of drunk driving law?
What are the consequences of a drunk driving accident?
Can a person be charged with a DUI if they are not driving?

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

Related FAQs

Related Blog Posts