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Can the results of a Breathalyzer test be challenged?

On Behalf of | Oct 8, 2021 | DUI |

Facing the prospect of a driving under the influence (DUI) conviction can be extremely daunting. The consequences of such charges can be very serious. 

Often, chemical Breathalyzer test results will be used as a key piece of evidence against you. Frequently, these tests are portrayed as incapable of making mistakes; however, this may not always be the case. There are various ways in which you can challenge the reliability of chemical Breathalyzer tests. 

Equipment may not have been properly calibrated

A Breathalyzer machine may have been manufactured to perfection, but it still requires calibration before use. A machine that has not been properly calibrated could skew someone’s test results. 

The test may have been improperly administered 

There are certain procedures that officers are expected to follow when administering chemical tests. Breathalyzer results could be inaccurate in situations where an officer has failed to follow the appropriate instructions. 

Breathalyzers can malfunction 

Every form of mechanical equipment is occasionally susceptible to breaking down. This applies to chemical Breathalyzer tests too. Factors such as production defects and improper maintenance could result in this equipment giving off inaccurate results. 

The traffic stop itself may have been invalid 

It may be possible to challenge the validity of a traffic stop itself due to an officer not having reasonable suspicion to stop you or probable cause that your driving was impaired. If a traffic stop is found to be invalid in the first place, then the results of a Breathalyzer may not be admissible in court.

Understanding your rights as a driver in Tennessee is vital. If you are facing criminal charges, then there are legal options open to you.