It can be surprisingly easy to blow over the legal limit for alcohol. It is only .08, and anything higher could see you facing serious consequences. These tests are taken using a breathalyzer, which measures the air from deep in your lungs. However, because it can also pick up samples from your whole respiratory system, including mucus which retains alcohol, the results may be skewed.
The most accurate way to test your blood alcohol level is by using a blood test. This requires a warrant, however. You cannot refuse a breathalyzer test, so they have become the standard used. What is your recourse, though, if you think your breath test results are incorrect?
When to Question Your Breath Test Results
There are a few ways that your test results can be inaccurate. For one, the breath test may have been taken with an inadequate machine. There are two types of breathalyzers, and one is very accurate and reliable. The other is not, and should only be used as preliminary testing, not as proof of impairment.
Incorrect Calibration
Breathalyzers should be kept in good working order. If not, then they can start producing incorrect results, including false positives. They must be calibrated and maintained on a regular basis, or else your attorney may have grounds for dismissing your charges.
You Are Only Tested Once
If the police only test you once, then they have not met the standard they need to meet. Sometimes a test can be incorrect for no apparent reason, so several tests are needed to verify the results. The machine may have failed, or the subject may not have blown hard enough. The police should be able to show that they administered several tests with consistent results.
The most important thing to do is to contact an experienced attorney if you have been charged with a DWI or DUI. If there is a chance that your breathalyzer results are wrong, an attorney will be able to plead your case on your behalf.
