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Can you challenge a breath test?

On Behalf of | Aug 27, 2026 | Drunk Driving

It is possible to challenge the results of a breathalyzer-type test. Even if the results show that your blood alcohol concentration (BAC) is over the legal limit, that is not a guarantee that you will be convicted.

First, you may want to consider whether any outside factors could have artificially raised that BAC reading. Sometimes, if someone has alcohol content in their mouth, for example, it can raise the reading. A person who recently vomited, burped during the test or used mouthwash containing alcohol may be able to argue that their mouth alcohol elevated the results and that their actual BAC was much lower.

Police mistakes and issues

In some cases, mistakes are made by the police officers themselves. Perhaps the officer who administered the test never received proper training on using the device. Maybe you believe they made significant mistakes while giving that test or simply did not know what they were doing. If they were not trained, you may be able to challenge the results of the test and say that they should not stand.

Similarly, there could be issues with the device itself. Maybe it was not an approved make or model, but simply an aftermarket breath test. Or perhaps it was an official Breathalyzer, but it did not get proper maintenance or had not recently been calibrated. Both of these issues can also call those results into question.

Every case is unique, of course, so these potential defenses will not always apply. But it is important to know that you can challenge your breath test results and to understand what legal options you have.

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