Here’s how you can challenge a breath test

On Behalf of | May 18, 2022 | Criminal Defense, DUI |

If you have been arrested and charged with DUI in Washington, you may be wondering if you can challenge the breath test. The answer is yes, you can challenge a breath test. However, it is important to note that to challenge the test successfully, you need to consider employing certain defenses.

The machine may not have been calibrated correctly

If you suspect that the machine was not properly calibrated, then you can request maintenance records for the machine. If the machine was not properly calibrated, then the results of the test may be inaccurate. Just remember, even if the machine was not properly calibrated, this does not mean that you are not guilty of DUI, so you have to consider other defenses below.

You may have a medical condition that caused you to fail the test

There are certain medical conditions that can cause a person to fail a breath test, even if they have not been drinking. For instance, if you have acid reflux, you may want to get this checked out by a doctor. If you can prove that you have a medical condition that caused you to fail the test, then this may be enough to get your charges dropped.

The police officer may not have followed proper procedure

In order for a breath test to be admissible in court, the police officer needs to follow certain procedures. If the officer did not follow these procedures, then you may be able to get the results of the test thrown out. For instance, the officer may not have given you the proper instructions before you blew into the machine.

The police officer did not have reasonable cause

If the police officer did not have a valid reason to pull you over, then any evidence obtained as a result of the stop may get annulled. This means that the results of the breath test would not be able to be used against you in court.

Getting arrested for DUI can be devastating, especially if you’re innocent. If you get arrested and charged with DUI, it is important to remember that you have rights, and that there are ways to challenge the evidence against you.