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Cullman County’s Local Legal Team

5 ways to challenge a breathalyzer

On Behalf of | Mar 14, 2022 | Criminal Defense

Were you recently arrested on an alcohol charge in Alabama? If the arrest came as a result of a breathalyzer test, you may be in luck. If you feel the test was faulty or given under less than ideal conditions, you can challenge it. Here are the 5 most effective ways you can dispute the results of a breathalyzer.

Breathalyzer was not reliable

You can challenge the breathalyzer that was used in your DUI arrest. It has been shown in past studies that this type of test is not always reliable. If you make a good case, you may convince the judge not to admit the results of the test.

Officer lacked training

You can make the case that the officer who gave you the test was not properly trained. If you are successful, you can get this evidence thrown out.

Breathalyzer was not calibrated

You can argue that the unit used in your test was not calibrated. This means that it did not accurately measure your blood alcohol content (BAC). The prosecution will need testimony from an officer that the device was working properly in order to overrule this.

Breathalyzer was part of an illegal search

An officer needs probable cause or reasonable suspicion to pull you over and administer a breathalyzer test. If they can’t prove either, you may be able to void the case.

Testing officer is not present

You have the right to cross-examine the officer who arrested you. If there were two officers and the one who gave you the breathalyzer test is not present, you can challenge the results.

The time to make your challenge is now

It’s important to note that there may be a lot of complex factors in your case that need to be dealt with. There may also be a statute of limitations as to how long you have to file your challenge. It’s a good idea to confer with a legal expert in order to get solid answers as to how you can proceed with your claim.