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Understanding breathalyzer tests and how to dispute them

Breathalyzer tests can form the basis of drunk driving charges which is why accused individuals should understand how they work and how it may be possible to challenge them. DUI charges can result in serious penalties and consequences for accused individuals so criminal defense resources are critical for accused individuals to understand.

A breathalyzer test may be used to establish that the accused individual's blood alcohol content (BAC) level was above the legal limit which may result in DUI charges. DUI charges can result in significant penalties and consequences including jail time, fines and a criminal record. These potential penalties can have a dramatic impact on the life of the accused individual, impacting their personal and professional life and may even impact their housing, education and employment opportunities.

To produce reliable results, breathalyzer tests must be in proper working order and the party administering them must be properly trained to administer them. Requirements for a breathalyzer test include that the device must be on a list of acceptable devices; the breath device must be properly maintained and checked for accuracy according to a regular schedule; the administering party must be certified to administer the device in question; the party administering the test must do so according to the training they have received; and the breath test must provide two measurable readings within .02 of one another.

There are additional concerns that can interfere with the accuracy of the test results so those, and the other requirements for a breathalyzer test to be valid, should be something accused individuals are intimately familiar with. Because a breathalyzer test result can form the basis for serious criminal charges, it is important to understand how they work, the requirements associated with them and how to challenge one when necessary when the requirements for a valid test have not been met.

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  • Kentucky Justice Association
  • Kentucky Bar Association 1871 Lex Ordo Justicia
  • United States District Court Western District Of Kentucky
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