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How to challenge a breath test after a DUI

If you were stopped for drunk driving in California, you were probably asked by the police officer to take a breath test. Intended to get an accurate reading of a person's blood-alcohol level, breath tests are often key components of drunk driving cases. If you were arrested for DUI, however, it is important to know that these tests can be challenged.

There are five main reasons why breath test evidence may be considered faulty:

  1. The breath test machine was not calibrated. A breath test reading is not reliable unless an officer can testify that the machine was properly calibrated.
  2. The officer illegally performed the test. A breath test may be considered an illegal search if the officer did not have reason to pull you over and probable cause that you were under the influence of alcohol.
  3. The breath test machine was unreliable. It is possible to show a jury that breath tests machines are capable of producing inaccurate readings. This can bolster your case.
  4. The officer was not trained to administer breath tests. If an officer did not go through proper breath test training, it may be possible to argue that the test was not administered properly and, therefore, is unreliable.
  5. The officer who administered your test does not testify. Anyone accused of a crime has the right to cross-examine witnesses against them. If the officer who administered the test does not show up to your trial, you could argue that your rights have been violated.

As you can see, just because a breath test reading is not in your favor does not mean you are out of options. With the help of an experienced attorney, it may be possible to challenge breath test evidence.

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