Can the Results of a Breathalyzer Test Be Challenged in New Hampshire?

If you have been charged with a crime because of your breathalyzer test results, you may feel frustrated or confused about what to do next. You may also have a few questions about the test itself. Is it possible to challenge the breathalyzer test results in New Hampshire? What steps should you take if you have been charged with a crime because of these results? And can a DUI lawyer help?

If you have any of these questions and would like to learn more about what to do following a breathalyzer test, our team at Hayes, PLLC, may be able to help. We have extensive experience in criminal defense law, including cases involving DUI or DWI charges. If you’re looking for more information, please continue reading to learn more about what to do after a failed breathalyzer test.

Can You Challenge Breathalyzer Test Results in New Hampshire?

A breathalyzer is a device, commonly carried by police officers, to test drivers for intoxication if they are suspected of drunk driving. The device analyzes a driver’s breath to determine the amount of alcohol present and may help determine if the driver is over the legal consumption level.

However, breathalyzer tests are not always as accurate or reliable as a blood test. The device only offers a general estimate rather than directly measuring the blood alcohol content (BAC). This means, regardless of a breathalyzer test result, a blood test may still be necessary.

Inaccuracies in Breathalyzer Tests

There are many reasons why someone may successfully challenge a breathalyzer test result, including potential inaccuracies. In addition to not being as accurate as a blood test, the breathalyzer may have an inaccurately high reading because of the closer proximity to the mouth than the lungs.

A breathalyzer’s reading may also be inaccurate if the driver has recently used an alcohol-containing substance, such as mouthwash or a toothache medication. Sometimes burping or vomiting just before the test may also raise alcohol level readings on the device, making the results inaccurate.

Breathalyzer Protocol

Police are required to be adequately trained and follow protocol when administering breathalyzer tests. This means officers must watch a subject for approximately 20 minutes before testing so that belching, throwing up, or anything else does not directly impact results. The device must be in proper working order, maintained, and calibrated to be used correctly. If any of these are not followed closely, your results may not be correct.

If you believe your breathalyzer test results are incorrect, resulting in you being charged with a crime, you may need to hire legal representation. Your lawyer may be able to help you discern the accuracy of the reading, collect and analyze evidence related to your case, and more.

How Can a Lawyer Help With a New Hampshire DUI?

If you have been charged with a crime because of a breathalyzer test result, you may want to hire a lawyer. Your legal representation may help you avoid penalties or persuade court personnel to throw out your results as inaccurate. Your lawyer may also be able to help in the following ways:

  • Legal knowledge
  • Negotiating tactics
  • Lead or join investigations
  • Collect and analyze evidence
  • Reduce your consequences
  • Strategize the next best steps
  • Lower risk of conviction for certain charges
  • Provide you with helpful resources
  • Reduce stress

If you have been charged with a crime, please refrain from representing yourself. Your lawyer is far more likely to accurately and favorably represent you.

Get the Representation You Need With Hayes, PLLC Criminal Defense Lawyers in New Hampshire

At Hayes, PLLC, our criminal defense attorney may be able to help you put your best foot forward and help develop strategies aimed toward the best possible results. Representing yourself or leaving the responsibility to an inexperienced lawyer may lead to you receiving the full extent of the penalties you are up against. Please refrain from representing yourself and work with a qualified lawyer instead.

Our dedication has helped previous clients reinstate their licenses, face lesser penalties, and restore their records. If you think we would be a good fit for your legal representation, please feel free to get in touch with our dedicated team. You can contact us by calling 978-314-4950 or completing our contact form at your earliest convenience. We are patiently waiting to hear from you.


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