3 possible ways to challenge a breath test in a DWI case
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3 possible ways to challenge a breath test in a DWI case

| Sep 10, 2020 | DWI

There are multiple ways to defend yourself against criminal charges. Proving that you weren’t the person involved is one strategy. Challenging evidence is another way that people can assert their innocence.

Many people think that driving while intoxicated (DWI) charges often stem from bulletproof evidence. However, it is often possible for individuals to challenge chemical breath tests in DWI criminal proceedings. Let’s look at three different ways in which you could potentially challenge breath test results in court.

You might challenge the results themselves for being inaccurate

Chemical breath testing has recently come under increased legal scrutiny for inherent inaccuracies in the process. If the results of the breath test don’t reflect the amount of alcohol you believe was in your system, you may be able to challenge the test based on how it was administered or how the testing equipment itself was maintained and calibrated.

You might challenge whether the officer had grounds to perform the test

If you believe that the officer did not have probable cause to conduct a traffic stop or if you suspect that personal prejudice or profiling might have led to the traffic stop or the request for a field sobriety test and chemical breath test, you may be able to challenge the traffic stop and all the evidence gathered during the stop.

There might be issues with how police handled the evidence

Prove regarding the chain of custody is critical for the validity of chemical and physical evidence in a criminal case. If officers don’t properly label evidence or if other people had access to it, it may be possible to challenge the evidence and have the courts prevent its inclusion in criminal proceedings.

Discussing your situation in depth with an experienced attorney can give you a better idea of whether any of these strategies might work for your case.