Justice, Value, Integrity

What are your options for challenging a breath test?

On Behalf of | Feb 10, 2023 | Criminal Defense, DWI/DUI

No South Dakota resident wants to be pulled over by a police officer for any reason. Unfortunately, if the officer suspects you of driving while intoxicated, they might ask you to take a breath test. Many people think it’s best to submit, but in some cases, this could work against you. These are some ways to challenge the results.

Lack of reasonable suspicion

Police officers must have reasonable suspicion to pull you over. For example, they could pull you over for driving erratically or even having an expired registration. If this isn’t the case, it’s a violation of your civil rights. If you face charges for driving while intoxicated (DWI), you can use this to challenge the rest results.

The test wasn’t calibrated

Breath tests must be properly calibrated, or else they may not provide accurate results. If the police officer administered the test in such a condition, you could challenge the results as inaccurate. An investigation into the test could show that it was, in fact, not properly calibrated.

You take certain medications

If you take certain medications and were asked to take a breath test, your results may not be accurate. You could challenge them if you took anything with any alcohol content before taking the test such as certain cough medications or oral pain relievers. Even some asthma inhalers can result in a false reading on a breath test.

Improper testing procedures

Police officers are required to clearly explain how breath tests work so that you can get as accurate a reading as possible. If the officer failed to do this and arrested you for DWI in spite of that, you can challenge the results. This could be a good defense strategy in your case.

You have a medical reason

Some medical conditions can present false breath test results. If you are obese or have acid reflux, hypoglycemia or even a high fever, your results might show an inaccurate reading. You can challenge them and get the test thrown out.