Challenging the Breathalyzer

Challenging the Breathalyzer

Alcoholism meter representing a failed breathalyzer test

Don’t give up the fight if you failed a field sobriety test or blew higher than .08 on a Breathalyzer test. Just because you failed the tests does not mean you are automatically guilty of a DUI.

It is possible to successfully challenge a DUI Breathalyzer test or field sobriety test and keep a DUI conviction off your record.

We Are One of the ONLY Local Firms That Owns Their Own Breathalyzer Machine

Swango Law P.C. has offices in Virginia Beach. You can consult an experienced lawyer who understands how to challenge a DUI Breathalyzer test and learn about your legal options in a confidential setting.

To learn more about how to beat BAC tests, schedule an initial consultation with DUI defense lawyer Jason Swango. Call (757) 383-9229 or use our online contact form.

Breathalyzer Tests Can Be Inaccurate

Several factors can create inaccurate Breathalyzer test results. For example, the pattern of a person’s breathing immediately before taking the test can dramatically change the blood alcohol content (BAC) reading. One recent study showed that holding one’s breath for 30 seconds before blowing raised the BAC reading by 15.7 percent.

Instructions from police officers can also wrongly lead to falsely elevated Breathalyzer results. When a police officer instructs a suspect to “blow hard and deep” into the machine, the reading will include air from the deep portions of the lungs.

This area of the lungs holds a higher percentage of alcohol, which can skew the results toward a higher BAC reading that doesn’t accurately reflect the person’s level of intoxication.

For more information, see our article Breathalyzer Tests Can Be Inaccurate.”

Questions to Ask to Challenge a DUI Breathalyzer Test

When you hire us to handle your DUI case, we will conduct a thorough investigation into the circumstances surrounding your arrest. The questions we will investigate include:

  • What were the roadside conditions when you took the field sobriety test? Did weather or road conditions prevent you from passing the test?
  • Was the breath test machine properly calibrated?
  • Was the Breathalyzer in good working order?
  • Was the person who administered the breath test properly trained and certified?
  • Did you take the breath test in a way that skewed the results, for example by holding your breath?

If we successfully challenge the DUI Breathalyzer test, then the test results will be thrown out — meaning the prosecuting attorney cannot rely on those test results to prove intoxication.

Contact a Virginia Beach Lawyer: Challenge DUI Breathalyzer Tests

Get quality legal help from a defense lawyer who understands your priorities. Schedule an initial consultation with Swango Law P.C., in Virginia Beach. Call (757) 383-9229 or contact us online.

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