A breath test is often a central piece of evidence in a DWI (Driving While Intoxicated) case, but it’s not always as reliable as it might seem. There are several factors that can affect the reliability of a breath test, and contesting the test can sometimes lead to reduced charges or even dismissal of the case. If you’ve been charged with a DUI or DWI, remember that you have the right to work with an experienced DWI lawyer to explore possible ways to challenge the results of the test and protect your rights.
Below, our friends at Archambault Criminal Defense share what strategies may be used to challenge a DWI breath test and how they can help lead to the dismissal of charges.
Contesting The Device’s Accuracy
Breathalyzer devices, like any other machines, can malfunction. They need to be maintained regularly and calibrated correctly to ensure accurate readings. If a device was not properly calibrated or if it was used incorrectly, the results could be skewed.
One common way to challenge a DWI breath test is to investigate whether the device used was properly maintained and calibrated according to state regulations. If maintenance records show that the device was not calibrated or serviced as required, the accuracy of the test results may be called into question. This could potentially weaken the prosecution’s case and create room for a better outcome.
Demonstrating Improper Use By Law Enforcement
Even if the breathalyzer device was functioning properly, the person administering it plays a huge role in its accuracy. If the police officer who conducted your test failed to follow proper procedures, the results may be unreliable.
For example, an officer must observe the individual for a certain period before administering the test to make sure they haven’t eaten, drunk, or vomited, as any of these actions could affect the results. If this observation period was not properly followed, or if the officer administered the test incorrectly, a DWI lawyer can argue that the test results should be excluded from evidence.
Proving Medical Conditions Affected The Results
Some medical conditions can interfere with the accuracy of a breath test. Conditions like acid reflux, diabetes, or certain respiratory issues can cause false positives or exaggerated BAC (Blood Alcohol Content) readings. For instance, individuals with acid reflux may have alcohol vapors from their stomach rise into their mouth, which can artificially inflate the breath test results.
If you have a medical condition that may have impacted the results of your breath test, this could be a valid defense. Providing medical documentation or expert testimony could support your case in arguing that the breath test results are inaccurate.
Presenting Evidence Of Residual Alcohol In The Mouth
Another potential challenge to a breath test result is the presence of residual alcohol in the mouth. Breathalyzers are designed to measure alcohol from deep lung air, but if there is alcohol residue in your mouth, such as from a recent drink, mouthwash, or even certain medications, the reading may show a higher BAC level than is accurate.
A DWI lawyer may argue that residual alcohol in the mouth affected the results, especially if there was no sufficient observation period to ensure that the alcohol had fully dissipated before the test was administered.
Raising Uncertainties About The Test’s Timing
Blood alcohol content rises and falls over time, and the results of a breath test may not accurately reflect your BAC at the time you were driving. If there was a delay between when you were pulled over and when the test was conducted, it’s possible that your BAC could have risen during that time.
This timing issue can be a strong defense in some DWI cases. If your BAC was below the legal limit while you were driving but rose above the limit by the time the breath test was administered, this could be a valid argument in your defense.
Don’t Let Injustice Win
Whether it’s a malfunctioning device, improper procedures by the officer, medical conditions, or the timing of the test, there are many ways to potentially undermine the validity of the breath test evidence. If you’re facing a DWI charge, consulting a knowledgeable DWI lawyer will be essential in exploring all available options to challenge the breath test and potentially improve your case outcome.