Stephen Krzyston is an experienced criminal defense attorney at Cavanaugh & Thickens in Columbia, South Carolina. At the firm, Stephen Krzyston provides criminal defense representation to people charged with offenses such as driving under the influence (DUI).

A DUI arrest in South Carolina does not mean automatic guilt. With the help of an attorney, a defendant can challenge the breathalyzer test, possibly securing a dismissal of the DUI charge.

There are several ways to challenge the result of a breathalyzer test. For example, the defense can challenge the functionality of the breathalyzer itself. Breathalyzers must be well maintained, properly calibrated, and in working condition. If police records don’t show that the authorities regularly maintained and calibrated their breathalyzer, the defense can challenge the reliability of its results.

In addition, the defense can challenge the testing process itself. By law, the person administering the breathalyzer must have training and certification. If they do not, the test may not be reliable. Further, there are specific steps the administrator should follow when administering the actual test and collecting samples. These include notifying the suspect of their rights and video recording. The defense can challenge the breathalyzer test results if these steps are not followed.

Even if the machine was functioning and the test was done well, studies show that breathalyzers can be inherently unreliable. Many factors can affect the reliability of breathalyzer tests. They include body temperature, mouth alcohol, breathing patterns, medical conditions, and radio frequency interference. All these open routes for challenging the DUI charge.