Reader’s Question:

We were driving home from Huntsville, Alabama one night when my brother and I got pulled because of a traffic violation. He was asked to have a breath test for drunk driving and unfortunately, he was over the limit. How accurate is this breath test and can we challenge the result of these tests?

Bryan

Huntsville, AL

Of course you can challenge the result of a breath test. First you need to know the law about drunk driving in Alabama. A driver may be charged with DUI (driving under the influence) if the Blood Alcohol Concentration (BAC) Level is at .08 percent or above. It is necessary to obtain a suitable sample of the arrestee’s blood, urine, or hair at the time of arrest in order to prove the requisite level of alcohol in the blood of someone arrested for drunk driving. Using the breath test is the most popular scientific method for establishing that drunk driving has occurred.

The breath test for drunk driving measures the amount of alcohol in an appropriate sample of exhaled air. This is considered as an “indirect method” and thus subject to variability. The chemical composition of the alleged offender’s blood, his/her physical activity, the temperature and the atmospheric pressure are just some of the factors that can lead to variable and questionable results. Many courts in Alabama have allowed drunk driving defendants to present expert testimony of the scientific inaccuracy of Breathalyzer test results based on these inherent variables. Getting a good defense lawyer can definitely help you in challenging the result of the breath test.