Mariani Reck Lane LLC


Mariani Reck Lane LLC

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Challenging a breathalyzer test may be part of a criminal defense

On Behalf of | Jan 21, 2020 | Criminal Defense |

Drunk driving charges are serious criminal charges that can result in stiff penalties and consequences for the accused individual. Drivers facing drunk driving charges may be facing jail time, fines and the administrative consequences of a drunk driving charge which can include driver’s license suspension and other possible consequences.

A breathalyzer test following a traffic stop may form the basis of a drunk driving charge. Because of the significance of a breathalyzer test, accused drivers should be familiar with criminal defense options, which may include challenging the breathalyzer test or other aspects of the traffic stop, their arrest or the actions taken by authorities. It may also be possible to challenge the alleged facts, witness statements and evidence being used against the accused driver based on the circumstances.

To produce reliable results, breathalyzer tests are subject to certain requirements and if those requirements are not met, it may be possible to challenge the accuracy and reliability of the breathalyzer test results. Basic guidelines for breathalyzer tests include that the breathalyzer device must be included on a conforming list of acceptable devices; the breathalyzer device must be properly maintained and regularly checked for accuracy at set intervals; the police officer administering the test must be certified to administer that particular advice; the police officer administering the test must do so in accordance with the training they have received; the police officer administering the test must ensure the driver’s bodily functions do not interfere with the test; and the breath test must register at least two measurable readings within 0.02 of one another.

If a breath test evidence is unreliable, it may be possible to challenge the DUI charges the accused individual is facing altogether. As a result, it is vital for accused drivers to understand this and other criminal defense options so they can determine which option is best for their situation and circumstances.


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