When Can You Challenge a Breathalyzer Result?

If you’ve ever been pulled over by the police, you’re probably aware of something called a breathalyzer test. This is the most relied upon piece of equipment by police as they attempt to catch drunk drivers. As the name suggests, it works by measuring the amount of alcohol in your breath. This scientific instrument has been used to put many drunk drivers behind bars. But is it true that the breathalyzer sometimes fails? How can you challenge a breathalyzer test?

The first step is to get in touch with a qualified, experienced DUI defense attorney. But we know what you’re thinking: “How can I find DUI defense attorneys near me?” While it can be tricky to track down qualified attorneys nearby, it shouldn’t be too difficult to book a consultation and get started. In doing so, you can take your first steps towards justice. Remember, your breathalyzer result could be dismissed in court — but only with the help of a qualified attorney.

The Officer Didn’t Calibrate the Instrument Properly

A breathalyzer testing device isn’t like other police equipment, like a firearm or a nightstick. It is a scientific instrument that must be carefully calibrated to maintain accurate results (1). If the officer involved in your arrest failed to calibrate the test, then the results cannot be considered accurate, and that evidence cannot be used against you.

The Officer Wasn’t Trained to Use the Breathalyzer

Not just anyone can pick up a breathalyzer device and start testing people. This device requires special training. If the officer never received this training, then they might have made a number of important mistakes while administering the test, and so the results cannot be considered reliable. Many newly hired police officers begin work without yet completing breathalyzer training.

An Illegal Stop or Search Took Place

Any element of a traffic stop cannot be used against you if the stop should not have happened in the first place. If the police officer pulled you over without reasonable cause for suspicion, then you can argue that the entire interaction was unconstitutional (2).

The Officer Who Administered the Test Didn’t Testify

Last but certainly not least, the officer who administered the test may simply be unable to testify. This might be due to work commitments, injury, or travel. If they cannot testify that the test was actually administered, then the results can be dismissed.

Where Can I Find an Attorney Near Me?

If you’ve been searching for a qualified, experienced DUI defense attorney in Florida, look no further than Robert Foley Law Firm. With our assistance, you can strive for the best possible results and mitigate any legal consequences you might be facing for your DUI. There are a number of defense strategies that might be helpful, including challenging the validity of breathalyzer results. But each situation is different, and this is why it’s important to book a face-to-face consultation and receive personalized legal advice from a qualified defense attorney. Reach out today to get started.


  1. https://en.wikipedia.org/wiki/Breathalyzer
  2. https://www.uscourts.gov/about-federal-courts/educational-resources/about-educational-outreach/activity-resources/what-does-0#:~:text=The%20Constitution%2C%20through%20the%20Fourth,deemed%20unreasonable%20under%20the%20law.

Image Credit: https://en.wikipedia.org/wiki/en:National_Archives_and_Records_Administration

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Robert Foley Law Firm

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2401 First Street #255
Fort Myers, FL 33901


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