Yes, even if you fail a breath test, there are often options to challenge that test. In some cases, this may even get the results of the test overturned. It is not a guarantee, of course, but it is wise to remember that you do not simply have to accept the results of a failed breath test if you are facing DWI charges.
Exactly how and why you can challenge that test will depend on the details of your case and the arrest. But below are three examples to keep in mind.
The officer may have made a mistake
First of all, officers need proper training, and they need to administer the test correctly. If the officer made a mistake while administering the test, or if it can be demonstrated that they were never trained on how to administer it in the first place, it becomes far less clear that the results of the test were accurate.
The test may not have been calibrated
Next, breath tests require calibration and routine maintenance, like other technical devices. If the test was never calibrated, could it have provided an artificially high reading? If it was neglected and did not undergo maintenance on a set schedule, how accurate were the results?
Something else influenced the test
Finally, you can sometimes consider outside factors that influenced the results of the test. One common example is if a person has alcohol in their mouth. Even if your actual BAC was well below the legal limit, a small amount of mouth alcohol could elevate the BAC reading. The same is true if you vomited before taking the test or if you burped during the test.
These are just a few different defense options to consider. If you are facing DWI charges, it is important to take a careful look at the legal options at your disposal.