Breathalyzer Calibration

Even if you have never been arrested for drinking and driving, you probably know that breathalyzers are one of the most common tools officers use to identify and apprehend drunk drivers. Designed to determine the amount of alcohol in a person's bloodstream—a calculation known as blood alcohol content, or BAC—breathalyzers work by measuring the amount of alcohol on a person's breath. As with any other type of mechanical device, however, breathalyzers must be properly maintained to ensure they function correctly. Unfortunately, many officers fail to keep up with one of the most important maintenance tasks for a breathalyzer: calibration.

Federal law prohibits anyone from operating a vehicle with a BAC of 0.08% or higher. As a result, this means that if a breath test indicates you have a legal amount of alcohol on your system, you will most likely be arrested and charged with driving under the influence (DUI). If you are convicted of the offense, you could then face penalties such as license suspension, fines, and even jail time.

With such severe consequences on the line, it is extremely important for a breathalyzer to deliver reliable results. Because the device relies upon a standard ratio to calculate BAC, it must be routinely calibrated (meaning its results must be compared against this standard) to ensure accuracy. Officers are even required to keep up-to-date records of each calibration, noting the date, time, and outcome of each test in a detailed log.

If you were recently arrested for drunk driving after a breathalyzer indicated you were driving with an illegal BAC, you may think there is no way to refute the evidence against you. Think again—if you can prove that the officer who arrested you did not adhere to the breathalyzer calibration requirements recommended by the device manufacturer, your test results may be inadmissible in court.

To determine the best strategy for your case, make sure you discuss your breathalyzer results with an experienced DUI defense attorney immediately after you are arrested for drinking and driving. With the right legal representation, many drivers are able to challenge their breath test results and prevent their BAC readings from being used against them. 

Fill in a free online case evaluation to find an attorney who specializes in drunk driving defense in your area today.

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