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Can your own breath test get you out of a DUI?

On Behalf of | Jun 11, 2024 | Drunk Driving |

You don’t want to be arrested on drunk driving charges, so you buy a breath test. If you’ve been drinking, before you turn on your car, you administer the test yourself. You just want to check and make sure that you’re under the legal limit if you had a glass of wine with dinner or something of this nature.

But what if you do get arrested? Can the results from your own breath test get you out of the DUI charges?

Your test results cannot be used in court

The only way that a personal breath test can get you out of DUI charges is if it stops you from driving. In this sense, it may help to keep out of legal trouble. If you are over the legal limit and so you call a taxi instead of driving, you have avoided any potential legal charges.

But if you do get arrested by a police officer who claims you’re over the legal limit, you cannot use the results of your own breath test in court. There are very strict regulations that have to be followed. Only certain tests are considered accurate and reliable enough to be admitted as evidence.

A consumer test that you bought on the Internet isn’t going to qualify. If the officer says your BAC was 0.09% and your test says it was only 0.03%, the authorities will just assume that your test was not calibrated correctly or didn’t provide accurate results.

If you are facing DUI charges, it can be very stressful and can have a major impact on your future. Be sure you know what legal options you have.