5 Ways To Challenge Breathalyzer Results In Court

Key Takeaways

• Breathalyzer results are not always infallible—there are multiple ways to challenge them in court.
• Proper calibration and administration are essential for a valid breathalyzer result.
• Medical conditions and external factors can impact test outcomes.
• Challenging the legality of the traffic stop or the observation period may lead to evidence being excluded.
• Consulting with a knowledgeable attorney is crucial for an effective defense against DUI charges.

Facing DUI charges can feel overwhelming, especially if breathalyzer results are being used as evidence against you. However, it’s essential to know that breathalyzer readings are not always accurate and can be challenged successfully in court. With the proper legal guidance from martinlawfirmpc.com, you can scrutinize every aspect of your case to protect your rights and seek a fair outcome. Knowledge is power, and being proactive in your defense may be the key to preserving your freedom and reputation.

Understanding how breathalyzers work—and the factors that can compromise their reliability—is crucial for building a solid defense. Many people mistakenly believe that breathalyzer results are the final word in a DUI case; however, numerous potential errors and variables are involved. From device calibration to the legality of the initial traffic stop, several strategies can significantly alter the course of your case, giving you hope even when the odds feel stacked against you.

Question the Accuracy of the Breathalyzer Device

Breathalyzer devices require strict calibration and routine maintenance to ensure the accuracy of their readings. Faulty calibration or a lack of proper maintenance can lead to results that misrepresent a driver’s actual blood alcohol content (BAC). Defense attorneys frequently request access to device maintenance and calibration records to see if the equipment was functioning correctly, and these records can reveal missed or inadequate checks or a pattern of malfunction. In some states, even a slight lapse in the calibration schedule may be grounds for suppressing the breathalyzer results. In instances where a breathalyzer has a history of inaccuracies, courts may find the test results unreliable and therefore inadmissible in a DUI case. This approach can result in the weakening or even dismissal of the prosecution’s case if the breathalyzer evidence is thrown out. Read more about the inaccuracy of breathalyzers in this NBC News article.

Assess the Officer’s Training and Test Administration

Operating a breathalyzer is more complex than it appears and demands thorough training. Proper administration of the test is fundamental for reliable results, so police officers must adhere to strict protocols when operating these devices. Simple missteps, such as improper device use or incorrect recording of results, can lead to invalid test results. Issues can arise if the officer fails to explain the procedure to the suspect adequately, does not use a clean mouthpiece, or fails to observe the waiting periods required by law before administering the test. Reviewing the officer’s credentials, certification records, and the specific procedures followed at the time of testing can uncover mistakes that may render the results inadmissible, especially if it can be proven that the officer deviated from established protocols or was not current in their training. In some instances, agencies inadvertently allow unqualified personnel to perform these tasks, and an attorney can leverage this information during cross-examination to cast doubt on the validity of the evidence.

Consider Medical Conditions and External Factors

Certain medical conditions—including GERD (gastroesophageal reflux disease), diabetes, and other metabolic disorders—can artificially inflate breathalyzer readings due to the presence of acetone or alcohol-like compounds in the breath. These physiological factors can sometimes raise BAC readings even in the absence of alcohol consumption or after consuming only small amounts. Additional factors, such as the recent use of mouthwash, breath sprays, or certain medications, as well as exposure to chemical fumes like paint or cleaning products, may also alter test results and contribute to a false positive. Diets low in carbohydrates or the state of ketosis (common in popular diets such as keto) can also affect results by increasing acetone output. Defendants can present medical documentation, bring forth expert testimony, or obtain independent test results to explain these discrepancies and challenge the reliability of the breathalyzer. In some cases, demonstrating these influences may persuade the court to consider alternative explanations for elevated readings or to rule the results inadmissible.

Examine the Observation Period

Most states require officers to observe a suspect continuously—often for at least 15 to 20 minutes—before administering a breathalyzer. This observation period is designed to ensure that the individual does not eat, drink, smoke, or vomit, as any of these actions can affect the validity of the reading. If food, drinks, smoking, or oral hygiene products are used before a breath test, remnants can artificially raise the BAC result, sometimes by significant margins. If this period was shortened, inadequately documented, or not conducted according to protocol, it can form a strong basis for contesting the breathalyzer evidence in court. Surveillance footage, officer body cams, and police reports can be used to verify whether this protocol was followed. Failure to follow required observation procedures is a common and effective defense, which can cast enough doubt to get breathalyzer results excluded from evidence—all of which can drastically improve the chances for a favorable outcome.

Challenge the Legality of the Traffic Stop

The legitimacy of the initial traffic stop is fundamental to the admissibility of all subsequent evidence, including breathalyzer results. Law enforcement must have reasonable suspicion or probable cause to initiate a halt—merely acting on a hunch or profiling is not legally sufficient. If the defense can demonstrate the absence of legal grounds for the stop—such as a lack of suspicious driving behavior, or a faulty or vague reason cited in the police report—all evidence collected afterwards, including the breathalyzer results, may be suppressed by the court. This is known as the “fruit of the poisonous tree” doctrine, and suppression of evidence often leads to the reduction or dismissal of DUI charges. A review of dash cam footage, dispatch logs, and a careful reading of police documentation are crucial in identifying weaknesses in the prosecution’s rationale for the stop. A strong legal argument on these grounds can make or break a DUI defense, especially when combined with other challenges to the breathalyzer evidence. For more information on the “fruit of the poisonous tree” doctrine, see this resource from the Legal Information Institute.

Conclusion

Challenging breathalyzer results is a multifaceted process that involves technical, procedural, and legal scrutiny. Awareness of common pitfalls in breathalyzer testing, combined with a strategic legal approach, can significantly increase your chances of achieving a favorable verdict. No one should assume that a failed breathalyzer test automatically guarantees a conviction. If you are facing a DUI charge, it is highly advisable to consult with an experienced attorney who can investigate all avenues of defense available to you. With the stakes as high as your freedom, job, and reputation, taking every possible legal step is essential. Working with a legal team familiar with DUI defense strategies and local court procedures ensures that you have the strongest possible chance to challenge unreliable evidence and secure your future.