Failing a breath test after a traffic stop will lead to an arrest. The driver may face DUI charges, and the results of that breath test will be one of the main pieces of evidence used against them.
However, it is important to remember that a conviction is never guaranteed. There are ways to challenge a breath test. Below are three examples.
It was the wrong type of device
Often, the police have to use a certain make and model of breath test that has been approved for official use. If a police officer was just carrying an aftermarket breath test in their pocket and administered it at the scene of the traffic stop, even if the driver failed the breath test, they may be able to challenge the result because it is unclear if that make and model was accurate to begin with.
The device was not calibrated
Even when an officer is using an approved breath test, it does have to be calibrated to ensure accuracy. Routine maintenance is often necessary. If the police department neglected to perform this maintenance and calibration, the results may not stand up in court.
The officer lacked training
Finally, the officer may have made mistakes themselves that call the results into question. One common issue is if the officer was never trained on how to administer the breath test. This lack of training can lead to serious mistakes that could provide an elevated reading and cause a false positive.
These are just three potential examples to keep in mind. If you are facing DUI charges, be sure you understand your defense options.