Can You Challenge A Breathalyzer and Field Sobriety Test?

Many people who receive positive breathalyzer or sobriety test results assume they’re automatically guilty. Thankfully, these tests aren’t foolproof and you have the right to challenge them in court. Doing this can make a big difference in your DUI defense and can even benefit your case. Learn more about the common issues with these exams and how to challenge them effectively.

Can You Legally Challenge a Breathalyzer Test?

Breathalyzer tests are one of the main ways for law enforcement to catch people driving under the influence. But despite their importance, they have an error rate of approximately 10%. This means one out of every ten potential tests might not reflect the actual blood alcohol content (BAC) and lead to miscalculations.

There are many reasons why breathalyzers aren’t accurate, with the most common being:

  • Improper calibration
  • Operation errors
  • Medical conditions
  • Machine malfunctions

That said, breathalyzer results aren’t always reliable in court. If you prove that the device was faulty or not used correctly, the judge may suppress the evidence. This means any breathalyzer results may be excluded from the trial and won’t be used against you.

Can You Challenge a Field Sobriety Test?

When an officer suspects you’ve been drinking, they might force you to undergo a field sobriety test to determine if you’re under the influence. During this assessment, you might be tested on factors such as balance, coordination, and following directions. If you fail, law enforcement might use the results to arrest you for DUI.

However, field sobriety tests have anywhere from a 65 to 77% accuracy rating depending on which one they use. You can still skew results or fail them even due to external factors, such as:

  • Medical issues
  • Fatigue
  • Bad weather
  • Nervousness
  • Uneven terrain

The wide margin of error means they’re not 100% reliable. Similar to breathalyzer tests, a criminal defense lawyer can find evidence to demonstrate that the test was unfair or inaccurate. If they’re successful, you can challenge the results and get them excluded from your case.

Why Challenging Test Results Matters in a DUI Case

Breathalyzers and field test results are the primary tools law enforcement uses to catch you driving under the influence. So if you can challenge the results in court, you may have your charges reduced or dismissed altogether if there’s no other evidence backing the officer’s claims. Since test results often form the core of a DUI case, undermining their reliability can significantly impact your defense.

How an Experienced DUI Attorney Can Help

Getting arrested for a DUI in New York might seem like an open-and-shut case. However, don’t think your case is automatically hopeless. An experienced criminal defense attorney knows how to question a test’s validity. They can also cross-examine officers to expose any inconsistencies in their argument. If the tests were proven to be unreliable, this can be enough to boost your chances of walking free.

If you have any further questions about your case, please don’t hesitate to reach out. Contact us at (866) 506-3694 to schedule a free consultation with one of our lawyers today.