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

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.

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