If I fail the Breathalyzer test, is my conviction a done deal?

Authored by Wendy Witt, Esq.

It's a common myth that failing a Breathalyzer ensures conviction;this myth is not based on fact.

Here's why:

  • Breathalyzers can malfunction.
  • Breathalyzers can be administered improperly.
  • The police officer may have failed to explain your rights to take or refuse the Breathalyzer or your right to take another type of test.
  • The most accurate test is a blood test, not a Breathalyzer.

In addition, check out the answer to the question immediately below.

Related topics

More articles about dui

  • DUI Law

    From arraignment to sentencing - learn about your options for dealing with your DUI or DWI charge.

  • DUI Glossary

    Understanding DUI terms police, prosecutors and courts use can help your defense.

  • Defenses to Drunk Driving

    Carefully review our in-depth guide to your DUI defense - we break down the most successful defenses.

  • What You Tell Your DUI Defense Lawyer

    Disclose absolutely everything to your attorney and if there is any doubt, disclose that too - here’s why.

  • Why You Must Hire a DUI Attorney

    Just one DUI conviction can cost you tens of thousands of dollars.

  • Penalties for a DUI Conviction

    Penalties typically depend on three factors - where you live, your criminal history and other mitigating or aggravating circumstances. Many offenders face more than just fines if convicted.

Get informed

Be prepared to work with an attorney with our free bankruptcy guides.

Browse comprehensive profiles from top licensed attorneys and law firms.