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How to challenge a breathalyzer test

Florida drivers who have been accused of driving under the influence may not know that they can challenge a breathalyzer test. Nonetheless, it is important for them to not only know that they can challenge a breathalyzer test, but also to know how to do so. Breathalyzer tests may lead to serious drunk driving charges, which is why accused drivers need to understand their potential weaknesses.

Breathalyzer devices must be properly maintained and calibrated in order to produce reliable results upon which DUI charges can be based. To produce accurate results, breathalyzer tests must be properly maintained at regular and set intervals and be in proper working order when used. State standards for how breathalyzer tests are maintained can vary by state, which is why it is important for accused drivers to be familiar with the rules in their state.

Some of the general requirements associated with breathalyzer tests include that the breathalyzer must be on the conforming list of acceptable devices; the breathalyzer device must be properly maintained and regularly checked for accuracy at set intervals; the police officer administering the test must be certified to use the particular breathalyzer device; the police officer administering the test must do so in accordance with their training; the police officer administering the test must ensure the accused driver's bodily functions do not interfere with the test; and the breath test must capture at least two measurable readings within 0.02 of one another.

DUI charges can threaten the freedom and future of the accused driver, which is why they need to fully understand the charges they are facing and the criminal defense options available to them. Their criminal defense rights allow them to challenge the charges against them and the alleged evidence, which may include a breathalyzer test, so they should be familiar with how to do that.

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Steven Wetter Attorney at Law, P.A.
1617 Hendry Street, Suite 213
Fort Myers, FL 33901

Phone: 239-347-9133
Fax: 239-476-9552
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