Are Breathalyzer readings ever disputed in court?
Breathalyzer test results may be deemed inadmissible or inaccurate in certain instances. The prosecution must show accurate proof that the defendant’s BAC (blood alcohol content) was beyond legal limits. If there is reason to believe the results of the breath test may have been compromised or altered, it can be used as part of the defense. For example, if the Breathalyzer results are collected in violation of the administrative rules or if the Breathalyzer results differ in a high enough variance, the result may be inadmissible. There have been instances where human error or defective equipment compromised the breath tests as well.
