Can DUI Breath Test Results Be Challenged?

If you did submit to a State administered breath test, in light of your presumption of innocence, the prosecution must prove that at the time of your test the electronic equipment was in proper working order, that it had been properly maintained, and that the breath test was conducted in a proper fashion.

This is an area of DUI-DWI law that is a hotbed of appellate litigation on both the federal and state level.

If the prosecution fails to provide all of this proof, the test results may be excluded (not allowed) as part of the trial evidence against you. In most states however, discrepancies in the manner that the breath test operator conducted the test may go only to the weight of the State’s chemical test evidence. This means that the test result comes into evidence and then your attorney puts up evidence to counter it.

For example, you may have excellent proof that your breath test was taken during the absorptive stage of alcohol intake and metabolism (burn off), and this can cause falsely high readings. If these test results are barred from being used against you, it is likely the DUI-DWI charges against you may be dismissed, or a “reduced” charge (to a less serious offense than drunk driving) may be negotiated by your attorney.

If this is not possible, then at least your chances for acquittal are improved because you can show flawed evidence (by use of expert testimony) at trial. Another possibility is that the State’s representatives simply cheated at reporting breath test accuracy reports.

Inaccurate breath test results due to a faulty breath machine or operator error is one of the best ways to win DUI cases. We will file a motion to suppress this evidence way before your case ever goes to trial.