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What should you know about challenging a breath test?

On Behalf of | May 23, 2022 | Blog, Drunk Driving

Being arrested for drunk driving is a traumatic experience for any Florida resident. However, it’s possible to challenge the results of a breath test. It’s important to know how and when you can do that.

Lack of probable cause

Police officers must have a reasonable suspicion that a crime is being committed to make a traffic stop. If there is none and they order you to take a breath test because they suspect you of driving under the influence, you can challenge the results of the test.

Improper calibration

Breath test machines must be properly calibrated. If they aren’t inspected and calibrated, it’s possible for a Breathalyzer to give a false reading. If there’s evidence that the machine was not calibrated, you could argue that in court and the DUI charge against you would have to be thrown out.

Testing officer doesn’t testify

If the police officer who performed your breath test doesn’t appear in court to testify, it can end up with the case dismissed against you. If the officer doesn’t show up to testify, it violates your Sixth Amendment rights to have your defense attorney cross-examine them to challenge the results of the breath test.

Your health impacted the results

Certain medications and medical conditions can impact the results of a breath test. For example, people with hypoglycemia and gastroesophageal reflux disease or GERD can have inaccurate readings when they take a breath test. Other things like a keto diet can also impact the results of a breath test. These reasons are legitimate for challenging the results. Some asthma medications, cough medicines and even mouthwashes can affect the result of a breath test as well.

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