If you were arrested for operating while intoxicated in Indiana, a high breath test result could make the case seem difficult at first. But breath test results are not always final and you may challenge them if law enforcement did not follow the required testing process.
Common ways to challenge breath test results
Indiana law requires law enforcement to follow certain procedures when collecting chemical test evidence. Attorneys may use several arguments to question a breath test in court:
- Observation period issues: Indiana breath testing may include a 15-minute deprivation period before law enforcement takes the breath sample. During that time, the person being tested should not eat, drink, smoke or place foreign substances in their mouth or respiratory tract.
- Certification or machine problems: Indiana requires breath test operators and instruments to meet certain certification and testing requirements. A lapse in certification or another compliance issue may support a challenge to the result.
- Medical issues or outside factors: Certain medical or physiological conditions may affect how a breath test result is interpreted in some cases. Whether a condition played a role usually depends on the medical history, testing circumstances and available technical evidence.
- Roadside test limits: A portable preliminary breath test is different from an evidentiary breath test. A defense lawyer should review which test law enforcement used and how it played a role in the case.
A documented testing problem may provide grounds to challenge the findings.
What happens if a breath test challenge succeeds?
If the challenge succeeds, the court may suppress the breath test result. That can matter in an OWI case that depends on a BAC of .08% or more. The state may then rely more on officer observations or field sobriety tests, which the defense can also challenge. A breath test issue may also affect license consequences.
Challenging breath test results can be an important part of an Indiana OWI defense, especially when procedural or technical errors may have affected the test. A lawyer can review the testing records and help identify possible issues in your case.
