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What are the ways to challenge a Breathalyzer test?

by | Sep 20, 2019 | Car Accidents |

Drunk driving charges can be based on a Breathalyzer test that places the driver over the legal limit to drive.

Because a Breathalyzer test can play such a significant role in a drunk driving charges, accused individuals should know how to challenge a Breathalyzer test when needed.

The best method for challenging a Breathalyzer test depends on the facts and circumstances of the situation the accused individual is facing. One method of challenging a Breathalyzer test is to demonstrate that the Breathalyzer test was not reliable. In addition, Breathalyzers must be regularly calibrated to ensure reliability so it may also be a possibility to challenge the Breathalyzer test if it is not properly calibrated.

In addition to a Breathalyzer test being properly maintained and calibrated to produce reliable test results, it is also crucial for police officers to be properly trained so they can conduct a Breathalyzer test. There are also additionally methods of challenging a Breathalyzer test related to the accused individual’s criminal justice rights including the right to cross examine witnesses against them and protections against unreasonable searches and seizures. Whenever an accused individual’s rights have been violated, it may form the basis of their criminal defense strategy just as a Breathalyzer test may form the basis of DWI charges against an accused individual, making it important to know how to challenge a Breathalyzer test.

Different types of evidence may be challenged related to criminal charges and a Breathalyzer test is just one example. Challenging evidence alleged against the accused individual, including Breathalyzer tests, is an important part of any criminal defense strategy. DWI charges can carry serious penalties and consequences for accused individuals which is why drivers accused of drunk driving in Texas should begin preparing their criminal defense challenge right away.