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Can I challenge the breathalyzer test results?

On Behalf of | Jun 19, 2023 | DUI/DWI

Driving while intoxicated (DWI) in Missouri is a serious offense with far-reaching legal and personal consequences. Even if it is your first offense, you may still face a Class B misdemeanor that carries a maximum of six months in jail and up to $500 in fines.

If you are charged with drunk driving in Missouri, it is in your best interest that you explore your defense options. And depending on the circumstances of your case, one of these may involve challenging the breathalyzer test results. But when, exactly, can this work for you?

Generally, you can challenge your breathalyzer test results on these two grounds:

When there was no reason to pull you over

If the police did not have a reasonable suspicion that you were breaking the law, then you can challenge any evidence they obtain and use against you in court. And that includes the breathalyzer test results.

When there are issues with how the test was administered

To produce the correct results, the breathalyzer equipment must satisfy certain conditions. The equipment must be properly calibrated and regularly maintained. And that’s not all – the officer administering the test must also be properly trained on how to operate the device. If you can prove that the device was faulty or that the officer who administered the test lacked the skills to do so, then you may challenge to test results.

Protecting your rights

Even if you blow above the limit, you can still fight the DWI charges. Acquainting yourself with Missouri DWI laws can help protect your rights and interests while challenging the breathalyzer test result.