Breathalyzer tests must meet certain requirements to produce accurate and reliable results. When those standards are not met, it may be possible to challenge the accuracy and reliability of the test results and the DWI charges the accused individual is facing.

Each state has its own laws concerning breathalyzer tests but they generally must meet certain requirements. To begin with, the breathalyzer test device used must be on a conforming list of acceptable devices. In addition, the breathalyzer test must be maintained and calibrated at regular and set intervals. The breathalyzer test must also capture at least two measurable readings within .02 of one another.

When administering the breathalyzer test, the police officer must be certified and trained in the use of the particular test they are using. They must also conduct the breathalyzer test in accordance with the training they have received. Lastly, the police officer conducting the breathalyzer test must ensure that the accused driver’s bodily functions do not interfere with the breathalyzer test. Breathalyzer tests may be a primary piece of evidence used against an accused driver. As a result, understanding their weaknesses is important for accused drivers to understand as part of their criminal defense.

Preparing a strong criminal defense strategy to drunk driving charges is essential for accused drivers facing the penalties and consequences associated with drunk driving. Penalties can include jail time, fines and other consequences such as driver’s license suspension. Knowing how to attack an inaccurate or unreliable breathalyzer test can be part of that process.