One of the strongest forms of evidence that the police have in a DWI case is the results of a breath test. If an officer suspects that a driver is under the influence, they often take the driver to the station for a Breathalyzer test. This checks their blood alcohol concentration (BAC), and most drivers have a legal limit of 0.08%.
That being said, do not assume that a failed breath test is ironclad proof against you and that you are guaranteed to be convicted in a DWI case. In reality, there are ways to challenge your breath test results, one of which is by looking at the calibration records.
Routine maintenance schedules
Like other pieces of technical equipment, breath tests do need to be maintained, and the police department should have a routine or a schedule for doing so. They need to calibrate the devices to ensure their accuracy. Records of this calibration should then be kept so that officers are only using devices that work as intended.
If it turns out that these calibrations were not performed at the appropriate times, it could call the results of the test into question. Perhaps you had a very small amount of alcohol to drink, but a neglected breath test gave an elevated reading that showed you were over the limit. Calling those results into question takes away a major piece of evidence against you in a corresponding case.
Calibration issues are just one area to consider when challenging breath test results. When you are facing charges that could result in license suspension, fines and even incarceration, it is important to know what defense options you have.
