“Failing” a breath test is a sure fire way to get arrest for DUI. This type of test is the most commonly used method by police officers when making a traffic stop for suspected DUI. If a driver takes the breath test and the results show a BAC over the legal limit, the authorities are likely to make an arrest for DUI. A lot of people mistakenly believe these results are rock solid and cannot be successfully challenged. However, many DUI cases are favorably resolved by exposing a flaw in the test, which in turn leads to a finding that the results are unreliable. What all of this means for drivers charged with DUI is that they can and should challenge the test results

The top three ways to challenge a breath test if you have been charged with a DUI are:

  • Identify if there are any other reasons or factors that contributed to or caused the result to show you were over the legal limit. This might include taking a prescription, the existence of a rare medical condition, or whether the testing procedure was properly followed.
  • Examine the maintenance records for the testing equipment to make sure the equipment was working properly. If the machine has missed scheduled maintenance or has not been properly kept, it can malfunction. When the testing equipment does not work as it is supposed to, the test result should not be relied upon for a finding that your BAC was more than what is allowed by law.
  • Look to see if the officer that gave you the test was trained to do so, if not the test result can be considered tainted. Only officers trained on the equipment should be administering the test.

There are other factors that may come into play in your case besides those listed above, and it takes a thorough examination of your case to identify those factors. Our team of qualified DUI defense attorneys knows where to look and what to look for when developing an effective defense. Call us today to find out more.


For more information about how to defend a DUI, call an experienced defense attorney in Stuart and the Treasure Coast. We offer an initial consultation for no charge, and look forward to working with you.