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

Defending a client charged with driving under the influence of alcohol in North Dakota often involves challenging the chemical tests used by law enforcement to determine the driver’s blood alcohol concentration (BAC). A breathalyzer test is the most commonly used chemical test, so understanding the defenses available to challenge it is essential. One common defense is challenging the accuracy of the breathalyzer test. If the breathalyzer was not properly calibrated or maintained, or if the technician who administered the test was not properly trained, it could lead to an inaccurate result. As a result, it is important to have an experienced attorney review the circumstances of the test to determine if any discrepancies were present. Challenging the credibility of the arresting officer is also an option. For example, if the officer lacked probable cause to pull the driver over, any evidence collected as a result of the traffic stop would be inadmissible. Additionally, if the officer failed to properly read the driver’s rights or did not properly explain the consequences of refusing a chemical test, the results of the test may be inadmissible. Finally, a driver may also challenge the accuracy of the test itself. For example, the breathalyzer test may not have accurately measured the driver’s BAC level if the driver had recently consumed certain medications, mouthwash, or other substances. It is important to have an experienced attorney review the facts of the case to identify any defenses available to challenge the accuracy of the breathalyzer test.

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

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