Getting pulled over for a DUI in North Dakota can be stressful, especially if you fail a breath test. However, there are times when you may have grounds to challenge the results. Understanding when and why you can challenge a breath test can make a difference in your case.
Issues with the breath test device
Breath tests are machines, and like all machines, they need proper maintenance to work correctly. If the breath test used during your DUI stop was not properly calibrated or maintained, the results might be inaccurate. Regular maintenance ensures the device measures alcohol levels correctly. If the machine has not received proper care, it may give false results, giving you a reason to challenge the test.
Improper testing procedure
The accuracy of a breath test also depends on how the officer conducted it. Police officers must follow specific procedures when administering a breath test. If they do not follow these rules, the results could be unreliable. For example, the officer must wait for a certain period before testing to make sure there is no alcohol residue in your mouth. If the officer rushed or skipped this step, you could challenge the test results.
Medical conditions or medications
Certain medical conditions and medications can also affect breath test results. Conditions like acid reflux, diabetes, or specific diets can lead to false readings. Medications that contain alcohol can also impact the results. If you have a condition or took a medication that could have affected the test, you may be able to challenge the accuracy of the breath test.
Environmental factors
Environmental factors can sometimes interfere with breath test results. Substances like paint fumes or certain chemicals in the air can cause a breath test to give a false reading. If you believe something in the environment could have affected the test, this may be a valid reason to challenge the results.
Challenging a breath test can be possible under some conditions. Understanding these situations can help you decide if challenging the results is an option. Always stay informed and know your rights when facing a DUI charge.