Challenging A Failed Breathalyzer Test?
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Anyone charged with a DWI/DUI offense after having failed a breathalyzer test needs to know that sometimes such results can be wrong. If the equipment was not properly maintained or if there is any question how the test was conducted or the results read in Bryan or College Station TX – false positives can result. Not many people facing this situation know anything about challenging the breathalyzer test. Hiring a criminal defense attorney who knows how these testing devices function and if there may be sufficient grounds to challenge results is important. They can ask the necessary questions to determine if test results could be a false positive:
- Has the breathalyzer been consistently maintained and in correct working order?
- Was the officer who performed the test properly trained and licensed to do that?
- Are there any other factors that could have affected test results such as illnesses or medications?
Any driver can refuse taking a breathalyzer test; however, doing so may result in arrest and loss of license. Time is of the essence here; request for a hearing to avoid an automatic license suspension must happen within 15 days of charges being filed. Although refusing to be tested will have already happened, taking the right steps afterward and challenging the breathalyzer testing needs sound legal advice immediately.