What are the methods for challenging breathalyzer tests?

Jul 23, 2020 | drunk driving

Breathalyzer tests can underpin drunk driving charges which can create serious upheaval for accused drivers, including truck drivers. Truck drivers can face serious consequences associated with a drunk driving arrest and if they refuse a breathalyzer test. There are different methods for challenging breathalyzer tests it is necessary to be familiar with for any accused driver facing the threat of drunk driving charges.

To ensure a breathalyzer test is accurate and reliable breathalyzer tests must meet certain standards and certain procedures must be followed when a breathalyzer test is administered. Requirements for breathalyzer tests to be accurate and reliable include:

  • Calibration and maintenance: Breathalyzer tests must be routinely calibrated and maintained to produce reliable results. It is important for breathalyzer tests to be calibrated and maintained according to a set schedule. In addition, the breathalyzer test should be on a list of qualifying breathalyzer test devices.
  • Training: police officers administering a breathalyzer test must be properly trained to administer the test and must be certified to administer the particular breathalyzer test.
  • Administration: breathalyzer tests must be properly administered according to the training the administering police officer has received. In addition, the police officer must ensure that none of the accused driver’s bodily fluids interfered with the breathalyzer test administration.

Lastly, the breathalyzer test must capture at least two measurable readings within .02 of one another. Truck drivers facing drunk driving charges can face heightened penalties which is why they should be familiar with some of the options available to them for challenging the charges they are facing, including challenging the results of a breathalyzer test.