Do not assume that failing a breath test means you’re going to be convicted on drunk driving charges. It certainly can be a conclusive piece of evidence during a case, and the breath test is important. But nothing guarantees a conviction, and there are ways to challenge the test.
For example, maybe you admit that you failed the test, but you think that something else influenced the results. An example could be using mouthwash that contains alcohol or burping while the test is being administered. Either one can put more alcohol content in your mouth than would otherwise be there, causing you to fail the breath test.
Issues with the police
Additionally, there can be some issues with the police department or the officer making the arrest that could invalidate the results. For example, perhaps the officer lacked the proper training to administer the test, or maybe they made clear mistakes while doing so. Does failing the test actually mean that you were over the legal limit, or did those mistakes by the officer produce a false positive?
Another potential issue could be if the officers at the department failed to calibrate the breath tests correctly. They may not have done maintenance or checked the calibration to see how accurate the tests are. Set maintenance schedules and calibration procedures need to be followed by the department at all times.
Your legal rights
As you can see, simply failing a breath test doesn’t necessarily mean that you are guilty of impaired driving. Take the time to carefully consider all of your legal rights and your defense options when facing charges.
