Wednesday, February 4, 2026
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5 Ways To Challenge Breathalyzer Results In Court

Key Takeaways

  • Breathalyzer results are not always definitive and can be contested in court through various legal and scientific defenses.
  • Reviewing device maintenance, officer procedure, medical conditions, and documentation can all play crucial roles in challenging a DUI charge.
  • Consulting a knowledgeable attorney improves your chances of successfully disputing inaccurate or unreliable breathalyzer evidence.

Table of Contents

  1. Introduction
  2. Question the Device’s Calibration and Maintenance
  3. Scrutinize the Officer’s Training and Test Administration
  4. Consider Medical Conditions and External Factors
  5. Challenge the Test’s Scientific Reliability
  6. Examine the Chain of Custody and Documentation

When confronted with DUI charges, many individuals feel at the mercy of breathalyzer results, thinking them to be conclusive proof of guilt. The reality, though, is that these results can be flawed and are not always the final say during legal proceedings. Understanding how to challenge and scrutinize this evidence is critical for anyone seeking to defend themselves effectively. Consulting an experienced legal professional at Martinlawfirmpc.com can help navigate these complexities and uncover viable defenses against potentially faulty breathalyzer evidence.

Breathalyzers, while widely used, are not foolproof, and many factors can compromise their accuracy. Issues with the device itself, the officer’s handling of the test, the defendant’s medical condition, and even paperwork errors can all provide grounds for contesting the results. Being aware of these strategies not only strengthens your defense but could also result in reduced charges or even a case dismissal.

In some states, even the slightest mistake in the handling of evidence can significantly impact the outcome of a case. Proper legal representation is indispensable—having someone who understands the nuances of DUI law and the technical aspects of breathalyzer testing can make all the difference. Tens of thousands of breathalyzer tests have been thrown out in recent years due to various errors, underscoring the importance of challenging questionable results.

5 Ways To Challenge Breathalyzer Results In Court

1. Question the Device’s Calibration and Maintenance

Breathalyzers must be accurately calibrated and regularly maintained to deliver trustworthy readings. Each device operates using sensitive sensors that can drift over time or degrade if not correctly maintained. Maintenance logs provide a record of when calibration and servicing took place; if these logs reveal missed or delayed maintenance, the device’s results may come under scrutiny. An attorney can request these records during discovery to check for any irregularities, which could lead to the test results being questioned or excluded.

2. Scrutinize the Officer’s Training and Test Administration

The accuracy of a breathalyzer result does not rely solely on the device—it also depends heavily on the officer’s competency and adherence to procedure. Proper training teaches law enforcement officers how to operate the machine correctly and ensure strict compliance with mandated protocols, such as observing a waiting period before administering the test to prevent contamination from mouth alcohol. If the officer responsible for your test lacked certification or deviated from procedures, your defense may be able to argue that the results are unreliable. Requesting proof of the officer’s training records and reviewing their actions during your arrest can be critical steps in challenging the evidence.

3. Consider Medical Conditions and External Factors

Medical conditions can significantly impact breathalyzer readings. For instance, individuals with diabetes or acid reflux may produce breath compounds, such as acetone or alcohol vapors, that a breathalyzer could misinterpret as intoxicating alcohol. Additionally, everyday products like mouthwash or certain foods can leave traces of alcohol in the mouth, temporarily elevating readings. If you have a relevant health condition or used any such products near the time of testing, providing medical documentation and expert testimony can cast doubt on the prosecution’s evidence. The National Highway Traffic Safety Administration (NHTSA) details many of these potential interference factors in its research on alcohol detection.

4. Challenge the Test’s Scientific Reliability

Although police rely on breathalyzers for rapid, on-site alcohol screening, these devices have recognized limitations. Environmental factors, such as temperature and humidity, as well as machine malfunctions, can affect the accuracy of results. Furthermore, individual differences in metabolism and breath composition mean that not every reading accurately reflects the actual blood alcohol concentration. Forensic scientists and subject matter experts can provide testimony on the shortcomings of breathalyzer technology, thereby calling into question the scientific foundation of test results. Such expert evidence has been decisive in many DUI cases where breathalyzer results were successfully contested.

5. Examine the Chain of Custody and Documentation

From initial testing to courtroom presentation, every step in documenting a breathalyzer test matters. Incomplete or inaccurate record-keeping—such as missing calibration entries or errors in the reporting and logging of results—can lead to serious questions about the reliability or admissibility of this evidence. Defense attorneys routinely review every piece of documentation to identify inconsistencies that might undermine the prosecution’s case. A minor paperwork error or unexplained gap in the chain of custody could be all that’s required to challenge the breathalyzer evidence or have it dismissed entirely.

Challenging breathalyzer results in court requires a comprehensive approach that examines every aspect of the testing process. From the technology itself to the human factors involved in operation and documentation, there are many opportunities for a skilled attorney to poke holes in the prosecution’s case. Seeking advice from legal professionals with a track record of defending DUI cases offers the best chance at identifying and leveraging these opportunities for your benefit.

DeliddedTech
DeliddedTechhttps://deliddedtech.com
I am Content Writer . I write Technology , Personal Finance, banking, investment, and insurance related content for top clients including Kotak Mahindra Bank, Edelweiss, ICICI BANK and IDFC FIRST Bank. Linkedin

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