Every year people are arrested for a DUI due to the breathalyzer showing that they were driving over the legal limit. While many of these people may have actually been over the legal limit, some of them were not and the breathalyzer test showed incorrect test results. If you have been arrested for a DUI and the court is basing the decision solely upon the breathalyzer test, here’s a look at how you can challenge your conviction in court.

Ask for Actual Blood Results

Breathalyzer tests have been shown in studies to be extremely unreliable. Most states allow officers to make an arrest based off of the results of a DWI breath test, but there has to be a blood test done at the jail to confirm the blood alcohol was over the legal limit.

If you want to challenge the arrest and conviction, ask to see the actual blood test results that show you were driving over the legal limit. Chances are if the court cannot produce them because the blood test was not run, the conviction can be overturned.

Outside Interference for the Breath Test

There are certain medications and drinks that can interfere with the results of the breathalyzer test. Some gums and mouthwash will show trace amounts of alcohol on the breath when there was no actual alcohol drunk. If you want to challenge the arrest, you can bring up the fact that you had the gum or mouthwash prior to the test and therefore the results are inaccurate.

These are just two ways you can challenge a DUI conviction that is based off of a breathalyzer test.