I was arrested for a DUI where I think the BAC is inaccurate, can I dispute the test result?

Question: I was pulled over after having only two drinks at dinner. 4 hours went by at least with at least two glasses of water consumed.  I weigh 182 lbs and I know for a fact I was no where near being impaired. The officer did some testing on me, the field sobriety I passed, but my breathalyzer came out at .09 which I did not understand. I am sure it was inaccurate, can I hire an Attorney to question the accuracy of the BAC or is that unquestionable?

Response by Tomek Pilch: It is difficult to question the validity of a BAC test result or breathalyzer, but thats not to say its impossible. Field Sobriety Tests are proven to be accurate only about 68% of the time so those are more easily arguable. The accuracy rates for BAC are slightly higher at 77% accurate, leaving 23% of victims with false BAC readings that are higher than they actually are. Thus, defense strategies can be devised and considering the circumstances, an expert attorney can get the charge dropped. You should consult with an attorney immediately as you would not be able to argue this on your own.

Additional Resource: BAC Test Accuracy Study

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