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Challenging a breath test in a DUI case

On Behalf of | Sep 25, 2021 | DUI

Not all DUI charges in Oklahoma end up going to court. Many drunk driving cases are thrown out due to insufficient evidence or illegal searches. If your DUI charge is based on the results of a breath test, there’s a chance this evidence could be challenged.

Breath tests are unreliable

Evidence from breath tests is sometimes thrown out due to questions about the reliability of the test. If you research the specific brand of test that was administered in your case, you will likely find that there are some questions about its reliability. Every breath test has a margin of error, so there is always the potential for a false positive reading.

The test might have been poorly administered

Another thing that can go wrong in a DUI traffic stop is police error. Breath testing devices must be calibrated before they are administered, and police officers must be trained to use them. Therefore, if a police officer makes a mistake with the test due to lack of training or negligence, the test result could be false.

A breath test could have been an illegal search

If a police officer did not have reasonable suspicion to pull you over and probable cause to administer a breath test, then the entire traffic stop may have been illegal. In cases like this, the results of a breath test are inconsequential, since all unlawfully obtained evidence would be thrown out.

Challenging a breath test may be difficult if there is other evidence

The results of a breath test may be viewed as weak evidence if it is the only evidence in your case. However, the more evidence that there is against you, the less of a chance you will have of getting a dismissal.