When a police officer is using a breathalyzer, they are expected to follow specific guidelines. Otherwise, it's possible for the breathalyzer test to give a false positive and this might be used as a way to charge you with an OVI when you were not actually intoxicated. If you're surprised that the breathalyzer test has created a false positive, it's important to get on the phone with an OVI defense attorney.
The Breathalyzer Might Not Have Been Properly Calibrated
A breathalyzer must be kept in good working order. If the device has not been calibrated for a long period of time, the results of the breathalyzer test might not be considered valid. If your OVI lawyer is able to prove that the officer did not adequately maintain the breathalyzer, this can be used as evidence that the breathalyzer test should not be considered valid.
The Officer Might Not Have Been Trained Properly
Police officers must be trained on how to properly administer the breathalyzer test. If you are able to prove that the appropriate training was never given, this could be used as an excuse to discard the results of the test.
Something Might Have Interfered with the Test
There are several things you can do that will throw the breathalyzer test off. For example, if you are smoking during the test, this can lead to inaccurate results. You can end up with inaccurate results by having something to eat or drink shortly before the test or simply by burping. It's the job of the officer conducting the breathalyzer test to make sure that nothing happens that would lead to inaccurate test results.
The Operator Didn't Obtain Two Samples
To make sure that the results are accurate, the operator must take two breath samples and must make sure that they do not deviate from each other considerably. Unlike a blood test, a breath test sample cannot be saved. Therefore, the sample cannot be tested by another party to verify the results of the test.
It's Possible to Have the Breathalyzer Results Suppressed
If you are able to prove that the breathalyzer test was not administered properly, you may then be able to successfully file a motion to have the results of the breathalyzer test suppressed. If this happens, the prosecutor will not be allowed to refer to the breathalyzer test and you will be more likely to win your case.