MacDowell Law Group, P.C.

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Serving Northern Virginia
Since 1995

How do I challenge a breathalyzer test when needed?

Breathalyzers tests are a piece of evidence that accused drivers can challenge in a variety of different ways. A breathalyzer test may be used as a key piece of evidence against the accused driver which is why it is essential for accused drivers to be familiar with how to challenge a breathalyzer test.

To begin with, it may be possible to challenge the Breathalyzer test on the basis that it is unreliable. Breathalyzer tests must be properly calibrated in order to produce reliable results. If the breathalyzer test was not properly calibrated or maintained at regular and set intervals prior to use, it may be possible to challenge the reliability of the breathalyzer test and the results of that test as part of a DUI defense.

Additionally, the police officer conducting the breathalyzer test must be properly trained to administer the test and must follow that training when conducting the breathalyzer test. It is also important that none of the bodily functions of the accused driver interferes with the test results and the police officer conducting the breathalyzer test should ensure that is not the case. There are other procedural requirements associated with breathalyzer tests and the protection of the accused driver's criminal defense rights and if they are not met, it may provide a basis to challenge the breathalyzer test and the charges the accused driver is facing.

Drunk driving charges can seriously penalize the accused driver in ways that can significantly impact their daily life. As a result, drivers who have been accused of driving under influence need to be familiar with the ways they can challenge a breathalyzer test and the charges they are facing.

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MacDowell Law Group, P.C.

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Fairfax, VA 22030

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