Can breath test results be challenged?

On Behalf of The Kaiser Law Group

Depending on various circumstances, drivers might face a field sobriety test, a preliminary breath test, a secondary breath test and chemical testing that could potentially include saliva, blood or urine. An individual who is arrested or charged with DUI must act quickly to build a strong, effective defense. Many people assume law enforcement’s use of breath tests to be unassailable evidence of guilt, but can these results be challenged?

While a preliminary breath test (PBT) might give the law enforcement officer an indication of a driver’s impairment, these tests are notoriously unreliable. Taken at the location of the traffic stop, numerous factors can influence the accuracy of a PBT, including:

  • Was the machine properly calibrated?
  • Was the officer properly trained in the machine’s use?
  • Was the machine properly cleaned and stored between uses?
  • Had the suspect recently ingested mouthwash or used breath spray?
  • Does the suspect suffer from gastric reflux or another medical condition that could impact the breath test results?

In Arizona, DUI is a serious charge subjecting those convicted with severe criminal consequences. Penalties can include jail time, fines, fees, community service, mandatory drug and alcohol education and treatment courses, license suspension, or license revocation. Additionally, a DUI conviction could involve the installation of an ignition interlock device in the vehicle.

These penalties could directly impact an individual’s ability to reliably get to work, get to school or simply complete household errands. It is wise to seek the guidance of a skilled defense attorney. A lawyer can limit your exposure to these devastating consequences.

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