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How to challenge a breath test in California

On Behalf of | Jun 2, 2022 | Uncategorized |

If you have been arrested and charged with DUI, then the results of your breathalyzer test are critical evidence in your case. However, just because the breath test results say that you are guilty doesn’t mean that your case is over. There are ways to challenge the results of a test to try to get the charges against you dismissed.

Poor machine calibration

If the police breathalyzer machine was not properly calibrated, then the results of the test may not be accurate. Breathalyzer machines need to be regularly serviced and calibrated to ensure that they are working properly. To use this as a defense, you will need to get records from the police department to show when the machine was last serviced.

Mouth alcohol

If you have recently used mouthwash, have a medical condition such as gastroesophageal reflux disease (GERD), or take certain medications, then there could be residual alcohol in your mouth that would skew the results of the DUI test. That’s why the police officer is supposed to observe you for 15-20 minutes before administering the test to make sure that you don’t have anything in your mouth that could affect the results.

Stopping you without probable cause

The police officer must have probable cause to stop you before they can administer a breath test. For instance, if the officer sees you swerving in and out of your lane, they may have probable cause to believe that you are DUI. However, if the officer stops you for no reason, then the stop may be illegal and any evidence obtained as a result of the stop (including the breathalyzer results) may not be admissible in court.

Improper testing procedures

There are specific procedures that the police officer is supposed to follow when administering a breath test. If the officer does not follow these procedures, then the results of the test may be inaccurate.

If you can show that either of these factors may have affected the accuracy of your test, then you may be able to get the DUI charges against you dismissed. Just remember that you need to act quickly because you only have a limited time to challenge the results.