We recently discussed breath tests in Alabama, in the context of when and how you can refuse to take one. This is often possible, although it does violate implied consent laws, so there can still be ramifications for refusing the test.
But say that you didn’t refuse, and you did provide a breath test sample. You failed that test, as the result showed that you were over the legal limit of 0.08%. You know that those breath test results are going to be instrumental in your case and could lead to a conviction. So is there any way that you can challenge the results after the test has been administered?
Calibration and maintenance
Yes, there are ways to challenge a breath test, starting with questioning the calibration. There should typically be a maintenance schedule used by the police department, and they will have records of when the device was last calibrated. If it hasn’t been properly calibrated, that could call the results into question.
Officer errors
You may also be able to argue that the officer made mistakes. Maybe they didn’t administer the test correctly or allowed outside factors to influence the results. If you burped during the test, for instance, it could throw off the results. If the officer wasn’t properly trained in how to administer the test, they could’ve made crucial errors.
Exploring your defense options
Drunk driving charges can have a major impact on your life, affecting your employment, costing you your license and leading to fines or jail time. That’s why it’s so important to understand exactly what legal defense options you have—which may include challenging breath test results.