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How can you challenge Breathalyzer results in North Carolina?

On Behalf of The Law Firm of Brent D. Ratchford |

If you have been arrested and charged with DWI, you may start feeling overwhelmed. One thing that you may want to consider is challenging the breath test results. Some of the most common ways to do this include the following:

Arguing that the machine was not calibrated properly

Usually, a breath test machine needs to be calibrated every few months. If it wasn’t, then the results may not be accurate. If a police officer pulls you over and asks you to take a breath test, be sure to ask when the last time the machine was calibrated. If it hasn’t been recently, you may be able to get your DWI charge dismissed.

Showing that the officer didn’t follow proper protocol

There are certain protocols that the police officer needs to follow when administering a breath test. If the officer didn’t follow them, then the results may not be accurate. For example, the officer may have not given you the proper instructions or may have started the test too soon.

Arguing that there was a medical condition that affected the results

There are certain medical conditions that can affect the accuracy of a breath test. For example, if you have acid reflux, it can cause your breath to register a higher blood alcohol content than it actually is.

Arguing that the police officer who administered the test wasn’t trained well

In order for a breath test to be admissible in court, the police officer who administered it needs to be properly trained on how to use the machine. If the officer wasn’t properly trained, then you may be able to get the results thrown out.

Proving that there was no probable cause for getting pulled over

If the police officer didn’t have a valid reason for pulling you over, then anything that happened after that may not be admissible in court. For example, if the officer pulled you over for no reason and then asked you to take a breath test, you may have a valid argument.

If you are facing DWI charges, it’s important to be calm and decisive in your actions. You have the right to contest the breath test results in court, and the first step is keeping the points above in mind.