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Ways to challenge a breath test

On Behalf of | Mar 30, 2023 | Criminal Defense

If an officer stops you in Mississippi due to suspected driving while intoxicated, you might be asked to take a breath test. While a Breathalyzer typically delivers reliable results, there are some ways that you could challenge those results in court.


A criminal defense that is commonly used for challenging the results of a breath test is that the machine used is not reliable. There could be a malfunction with the machine that results in inaccurate readings. It might not be adequately calibrated, which is typically done before a test is performed to ensure accurate results. An officer would need to provide information that the equipment was working properly in most cases so as not to have the test discredited in court.

Illegal search

When an officer stops you for a possible DUI charge, there should be probable cause for any search or test to be conducted in the first place. If the officer cannot show that you were doing anything while driving to indicate that you were intoxicated at the time, then the evidence could be dismissed, resulting in the charges being dismissed as well. An officer would also need to show that there was probable cause to administer any test for the possibility of a DUI, such as an odor of alcohol from the vehicle or on your person.

Being charged with a DUI can be a frightening experience, but if some of the evidence presented in court is inaccurate, you could have your charges dismissed or reduced. This could mean less or no jail time as a sentence.