A breath test result, no matter how high, doesn’t mean you are automatically going to be found guilty. Every test is subject to attack for reliability and accuracy. A breath test cannot be used in court if: The officer did not follow the required procedure in giving the test; if the officer or the breath machine are not properly certified according to state regulations; if the arresting agency did not follow the maintenance guidelines for the machine; or if other irregularities existed during the test or immediately preceding it.

If a jury feels a test was given unfairly or that the results obtained are unreliable, they may disregard the test result. Alternately, if the judge feels the result has been skewed because of improper maintenance of the machine or failure to follow test procedures, he or she can prevent any testimony about the test.

A breath test reading is just a number. It is not allowed into evidence automatically, but only after the State has proven all the laws and regulations have been followed. It is an attorney’s job to find the flaws, if any, and expose them to prevent the test result from being used against you.