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Columbus, OH 614-360-2942
Huntington, WV 304-519-4354
New Albany, OH 614-721-7726
Toll Free   888-641-0805

Columbus, OH 614-360-2942
Huntington, WV 304-519-4354
New Albany, OH 614-721-7726
Toll Free   888-641-0805

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How to challenge a Breathalyzer in Ohio

On Behalf of | Mar 10, 2022 | Criminal Defense |

Getting arrested and charged with a DUI is a scary experience, but it can be even more frightening when you know that the evidence against you is strong, like a breath test. If you’re facing DUI charges and your breath test results are above the legal limit, don’t panic. There are still ways to challenge the test itself and increase the chances of winning your case.

The Breathalyzer wasn’t properly calibrated

If the machine wasn’t set up correctly, then the results could be inaccurate. This is one of the most common ways to challenge a breath test and can be successful if there’s evidence to support it.

The breath test was administered improperly

Most criminal defense attorneys will tell you that there are specific procedures for officers to follow when administering a breath test, and if the officer did not, then the results could get thrown out. For instance, the officer who administered the test may not have given you proper instructions or may not have waited the required amount of time before starting the test.

The officer lacked proper training

Usually, police officers who administer breath tests are required to have special training. If the officer who gave you the test didn’t have that training, then the results of the test may be invalid. This is usually more difficult to prove, but it may be worth pursuing.

The officer did not testify at your trial

If the officer who gave you the breath test doesn’t testify at your trial, then their testimony may get excluded from evidence. This could work in your favor if there are any doubts about the validity of the breath test results.

The breath test results were inaccurate

Even if the officer followed all the proper procedures and testified at your trial, there’s still a chance that the breath test results were inaccurate. This could be due to a number of factors, such as environmental conditions or problems with the machine itself.

There are multiple ways to challenge a breath test and increase your chances of winning your DUI case. If you’re facing criminal charges, it’s important to understand these options and consider using them to help you avoid a conviction.



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