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Can you challenge a BAC test after a DWI charge?

On Behalf of | Dec 2, 2016 | Drunk Driving |


While Thanksgiving has come and gone, this only marks the beginning of the winter holiday season. Residents throughout New York celebrate a mix of holiday traditions, causing them to attend holiday gathering and celebrations. Because of that, it is likely that many residents are faced with the question of whether to drive or not. And, even if a motorist believes that they did not consume enough alcohol to cause them to go over the legal limit, this may not prevent them from being stopped by police officers.

Being suspected of drunk driving means that a motorist is faced with several questions. Officers will likely ask how much you had to drink, where you are coming from and even where you are going. They will also ask you if you know why you were pulled over. Several questions are likely running through your head, but you are likely more concerned about what the field sobriety test says, what the BAC test says, whether you will be charged with a DWI and if you are charged with a DWI, what defense options are available to you.

Can you challenge a BAC test after a DWI charge? Simply put, yes. A motorist accused of drunk driving and charged with a DWI based on their BAC test results can still challenge the test to make it inadmissible. While these tests were formulated to measure the amount of alcohol in a person’s blood, these tests are not always accurate. Even more so, the people conducting these tests can make mistakes as well.

Therefore, an individual accused of a DWI could assert that a breathalyzer was not properly conducted. Additionally, suspected drunk drivers could challenge the test, claiming that the breathalyzer test was not routinely maintained or calibrated.

Being charged with a DWI does not mean that is the end all. Motorists accused of drunk driving are afforded the right to make a defense. This could help the driver not only dismiss evidence against them but also help them avoid conviction for a DWI.

Source: FindLaw, “BAC Test FAQs,” accessed Nov. 27, 2016