Exceeding the legal limit for blood alcohol concentration (BAC) opens up the potential for a DWI conviction. You’re almost certainly going to be arrested if you take a breath test and it’s over 0.08%. Some drivers, like commercial drivers and underage drivers, even have lower limits.
However, don’t assume that this breath test guarantees a conviction. You do still have some options to challenge it. Just because the test says you exceeded the legal limit, that doesn’t necessarily mean that evidence will hold up in court.
Did the officer have proper training?
One thing to ask is simply if the officer was trained and knew how to use the breath test correctly. Maybe they seemed very confused, and you don’t think they got an accurate reading. If they made key mistakes at this time, it may mean that the results of that breath test can’t be trusted.
Was the device approved and calibrated?
Next, there are only so many approved breath tests that police officers can even use. If the officer didn’t have an approved test, you may be able to challenge the results. Additionally, even when officers have the correct devices, these require regular maintenance, upkeep and calibration. If the devices were neglected, it’s hard to say if the results were accurate at all.
Were there any outside factors?
Finally, you may just want to consider anything else that could’ve potentially affected the reading. If you burp during a breath test, for example, it can dramatically increase the alcohol content. If you recently used mouthwash, you could still have trace amounts of alcohol in your mouth, even if you hadn’t been drinking. These are just a few examples.
As you can see, there are options to fight DWI charges. Having experienced legal guidance will help you better challenge the evidence and protect your rights.