Aggressively Fighting For Your Rights

  1. Home
  2.  » 
  3. Firm News
  4.  » 5 ways to potentially challenge a Breathalyzer test

5 ways to potentially challenge a Breathalyzer test

| Oct 8, 2021 | Firm News

Driving is an essential part of daily life for many people in New Jersey. Being allowed to operate a vehicle on the road can help facilitate employment as well as family visits. 

As a result, the consequences of a DUI conviction can be devastating. Breathalyzer tests often form a key part of the evidence in DUI cases. However, the results of Breathalyzer tests are not always 100% accurate. Numerous factors could result in skewed test results. Outlined below are some of the more common reasons individuals challenge their Breathalyzer tests. 

Improper calibration of equipment

Breathalyzer tests should be calibrated appropriately if you expect them to provide accurate results. Test results that are a product of faulty equipment could be inadmissible in court due to unreliability.

The officer may not have properly administered the test 

Arresting officers should follow adequate procedures when administering chemical tests. A failure to adhere to legal specifications could result in test findings being inadmissible as evidence during criminal proceedings. 

You have a medical condition that could have impacted results 

Certain medical ailments could impact the findings of a chemical test. For example, gastroesophageal reflux disease (GERD) could display symptoms that may be confused with intoxication.  

Certain medications can influence Breathalyzer results

Taking medication before the administration of a chemical test may potentially skew the results. Asthma medications, certain pain relief and cold and flu medicines may produce results that put you over the legal limit. 

Being convicted of a DUI offense can have serious consequences. As a result, it is important to know your legal rights as a driver in New Jersey.