In some cases, drivers who fail a breath test just assume that they are going to be convicted. They know that the legal limit is a blood alcohol concentration (BAC) of 0.08%. If they’ve taken a test that puts them over that mark, they figure there is not much left for them to do to avoid a conviction on drunk driving allegations.
But you should never assume that you’ll be convicted, regardless of the evidence against you. In fact, there are many ways that breath tests can be wrong – and you can challenge them in court.
Did the police make mistakes?
One key thing to consider is that the police officers involved could have made mistakes that invalidate the test. Maybe the officer failed to calibrate it on a set schedule. Maybe they never did proper maintenance and upkeep. Maybe the officer didn’t get the right training and didn’t know how to use the breath test. Even if you technically blew over the legal limit, all of these factors can call those results into question.
Beyond that, you have to consider outside factors. Maybe you recently used mouthwash, so you had abnormally high mouth alcohol levels that altered your breath test reading. Officers are supposed to ensure that suspects don’t have any alcohol content in their mouths and that they do not burp or regurgitate any content during the test. If that testing device is scanning anything other than breath alcohol content itself, the results could be inaccurate.
These are just a few examples, but you can see why it is so important to consider all of your legal defense options when you’re facing charges.