The best way to avoid a DUI–or a car crash–is not to drive drunk or buzzed. But what if you’re sober and suffer a “false positive” breathalyzer test? Most people think a breathalyzer result is the final word in a DUI case. It’s not. If cops mess up the machine, botch the test, or violate your rights, that magic number can fall apart in court. Here’s how defense attorneys are tearing down breathalyzer evidence—one loophole at a time.
How to challenge a breathalyzer test?
Breathalyzer evidence can be thrown out if the machine was unreliable, improperly calibrated, or used without probable cause. You should contact a lawyer and see if you have a chance of beating your breathalyzer DUI case. Here’s a breakdown:
First off, the reliability of a breathalyzer reading is not guaranteed. According to FindLaw, “Jurors can consider the reliability of all evidence presented to them, even when the evidence is a Breathalyzer reading.” If the machine spits out junk numbers, your lawyer might have a shot at fighting it.
Calibration matters too. “Just like any electronic measuring instrument, Breathalyzers need to be calibrated in order to accurately measure a driver’s blood alcohol concentration (BAC),” FindLaw explains. A machine that’s out of tune is basically just guessing—and guesswork shouldn’t decide your future.
Police officer error can sink a breathalyzer DUI case. As FindLaw puts it, “Without the proper training, an officer’s testimony about how a Breathalyzer reading relates to your alleged intoxication may be deemed unreliable.” If the officer didn’t know what they were doing, the results might not stick.
Can your breathalyzer DUI be thrown out if your traffic stop was illegal?
Even if the officer was well-trained and the device was working, they still need probable cause. “Even if an officer was properly trained and the Breathalyzer was properly calibrated, a reading can still be thrown out if the officer did not have probable cause to use the Breathalyzer in the first place,” FindLaw warns.
Your arrest might not hold up if the officer pulled you over without reasonable suspicion. FindLaw explains, “Your arresting officer must have had: Reasonable suspicion to pull you over. Usually this requires testimony that you were driving erratically or breaking a traffic law.” No reason? No solid case. In addition they must have evidence you were drunk before administering the breathalyzer test.
And if the officer who gave you the test doesn’t show up in court, that’s another angle. FindLaw reminds drivers, “You have a right to confront the witnesses against you under the Sixth Amendment, which means you have a right to cross-examine the officer who performed your Breathalyzer test.”
Of course, the real way to avoid a breathalyzer DUI is simple: don’t drink and drive. Drunk and buzzed driving endangers lives, not just licenses. But if you were wrongly accused because of a botched test or bad procedure, you have a right to fight back. Getting the right lawyer could mean the difference between conviction—and a second chance.
