Breathalyzer tests must be in proper working order and properly maintained at the time of use to provide accurate and reliable test results. If a breathalyzer test is not properly maintained or calibrated, it may be possible to challenge the results of a breathalyzer test on that basis which is why it is helpful for drivers accused of drunk driving to be familiar with the requirements for a breathalyzer test.
The requirements associated with breathalyzer tests can vary by state so it is important for accused drivers to be familiar with breathalyzer test requirements in their state. To begin with, some general requirements associated with breathalyzer tests include that it must conform to a list of acceptable breathalyzer test devices. Breathalyzer tests must also be regularly checked for accuracy at regular and set intervals.
In addition, the police officer administering the breathalyzer test must be certified in the use of the particular breathalyzer test device they are using and must also be trained to administer a breathalyzer test. The police officer must also ensure they administer the breathalyzer test in accordance with the training they have received. It is also important that none of the accused driver’s bodily fluids interfere with the breathalyzer test which the administering officer must also ensure. Finally, the breath test needs to capture at least two measurable readings within .02 of one another.
If there are problems with a breathalyzer test , including how it was maintained, calibrated or administered, it may be possible to challenge it as inadmissible evidence against the accused individual. This is important because it can impact the serious charges the accused individual is facing if the breathalyzer test led to drunk driving charges against the accused individual.