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What if your breath test reads differently than one used by police?

On Behalf of | Mar 16, 2023 | DUI

One of the key reasons people face and are convicted of driving under the influence (DUI) charges is because they fail a breath test.

It is only natural that many bars, restaurants and even festivals have set up testing machines so that individuals can make informed decisions about whether they should be driving. Many people have even purchased personal breath test devices for their own use.

What happens if a person tests negative on a personal breath testing machine but tests over the limit on a police breathalyzer?

A court will go with the police reading

Your machine is just that – it’s yours and has no legal validity. A police machine, on the other hand, does.

Arguing about it with the police is unlikely to get you anywhere

“My machine said I was safe to drive” is not a good argument, especially because it implies you had been drinking something. Otherwise, why would you have felt the need to test yourself? Remember, you could still be convicted of drunk driving charges even if you were under the legal limit if a court feels the police’s description of your driving warrants the perception that you were impaired.

Are personal machines entirely useless?

Knowing that your machine said your blood alcohol concentration (BAC) was low will at least alert you to the possibility that the police machine’s reading may have been inaccurate. If you had never tested yourself with your own machine, you might just have accepted that the police were right and you were over the limit. While their machines often do stand up in court, there are potential ways to challenge their results.

DUI charges can be complicated to defend against, so it is best to seek legal help to examine all of your options and arguments in pursuit of a favorable outcome to your case.