Challenging the Admissibility of the Breath Test Results

• The police must have probable cause to request you submit to a chemical test for purposes of a criminal charge.
• The police must advise you of your right to have an independent chemical test performed by a physician or hospital of your choosing and afforded a reasonable chance to exercise this right.
• The police must observe you for at least 15 minutes prior to you taking the breath test. *See article on “Mouth Alcohol” in the article section of this site.
• A true copy of the breath test results must be mailed to you within 72 hours of the test.
• The breath test machine must be in full compliance with the regulations set out by the Department of Health.
• The breath test operator must be certified within 365 days of the test.
• Two complete samples must be given within a 30 minute period.
• The two samples must be within a .05% agreement of each other.