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Can I Fight a Breath Test?

A breathalyzer test is one of the leading ways in which law enforcement officials can obtain probable cause to make an arrest for driving under the influence (DUI). If the breathalyzer test shows a result of a 0.08% BAC level or higher, you will have failed the test and will likely be arrested. Penalties for a DUI can be steep. They can include hefty fines, loss of license, community service, mandatory attendance of a drug and alcohol education program, jail time and a permanent mark on your record.

If you have been arrested for a DUI because of the results of a breathalyzer test, and you think that the results were incorrect, you may be wondering if you can fight the test. In a word: Yes.

You can fight the results of a breath test. Though these tests are the primary tool used for determining DUI, they are often inaccurate. The results can be marred because of an improperly calibrated machine, improper use and maintenance, equipment malfunction, as well as other reasons. If any of these apply to the breath test you were given, you can fight the results of the test and those results can be found to be inadmissible in a court of law. As such, your case could very well be dismissed.

If you believe that your breath test was inaccurate and you want to fight it, you are going to need to have an experienced Pasadena criminal defense lawyer defend you. With over 20 years of experience defending clients, The Law Offices of Matthew Cargal will extensively assess your case and create a defense that will fight the results of your breath test. Contact our firm today to set up your free consultation.