A breath test can certainly play a part in a DUI conviction. If a person’s blood alcohol concentration (BAC) exceeds the legal limit – 0.08% for most drivers, with some exceptions for commercial drivers or underage drivers – then the court can presume that they were impaired.
As such, people often assume that failing a breath test means they are all but guaranteed to be convicted on DUI charges. If they take the test and they blow a 0.09% or higher, they just assume that they’re going to have to pay fines, lose their driver’s license, spend time in jail and much more. But is this actually true? Does a breath test guarantee a conviction?
You can challenge your breath test
It does not. The truth is that breath tests can be challenged, and nothing guarantees a person will be convicted.
For instance, maybe the police officer didn’t do proper maintenance or calibration of the device. Maybe they used a device that wasn’t an approved make and model. Perhaps the police officer made critical mistakes while administering the test. Maybe the police department never gave the officer the training that they needed. Or perhaps there were outside influences that caused you to have a BAC that appeared higher than it actually was – like using mouthwash containing alcohol right before taking the test.
These are just a few examples of why a breath test could be wrong, but they do help to show that you should never assume anything guarantees a conviction. Instead, if you’re facing criminal charges, it is important to look into all of the defense options at your disposal.