Can You Challenge Breathalyzer Results in Indiana?

If you are suspected of driving while impaired by alcohol or drugs in Indiana, a police officer may pull you over. During the traffic stop, they will ask you questions to try to confirm their suspicions of impaired driving. They may also ask you to submit to tests. Field sobriety tests require you to perform certain physical actions, but are not legally required of you. However, this is not the same for certified chemical tests.

Certified chemical tests include breath, blood, and urine tests. Under Indiana’s implied consent laws, you are required to submit to these tests when a law enforcement officer makes a lawful demand of you to do so. It is risky to refuse these tests, as it could result in an automatic driver’s license suspension. Still, if you have taken a certified breathalyzer test and believe you failed it, there may still be ways to challenge the results. Below, our Indianapolis OWI lawyer explains what these are.

Calibration and Maintenance Issues 

Breathalyzer machines can only operate and provide accurate results if they are properly calibrated and maintained. Even being stored briefly in a police car can be enough to interfere with the device’s calibration. In these cases, they may not provide accurate results. An Indianapolis OWI lawyer can request calibration and maintenance records for the breathalyzer. If these records show that the device was neglected, it could provide you with grounds to challenge the results of the test.

Officer Error 

Police officers must follow certain protocols when administering breathalyzer tests. For example, they generally must observe drivers for at least 15 to 20 minutes before administering a test to ensure the subject does not regurgitate or vomit, which can all skew the results by providing a ‘mouth alcohol’ reading. If an officer did not follow these proper protocols, it can provide grounds to challenge the results.

Lack of Certification

The police officer who administers the test must be properly trained and have current certification to use the specific breathalyzer model they are using. If the officer does not have certification, or their certification has lapsed, this can also provide grounds to challenge the results.

Valid Medical Conditions

Certain medical conditions can impact breathalyzer test results. Some of the medical conditions that can impact test results include diabetes, hypoglycemia, GERD, and liver disease. For example, individuals who suffer from GERD may experience stomach acid repeatedly flowing back into the esophagus. This can result in alcohol vapors traveling from the stomach into the esophagus, resulting in inaccurate breathalyzer test results.

Our OWI Lawyers in Indianapolis Can Challenge Your Results 

If you have been pulled over for an OWI and the breathalyzer results were positive, it is important to remember that the situation is not hopeless. At Rigney Law, LLC, our Indianapolis OWI lawyer can review the facts of your case, determine if there are grounds to challenge, and build a strong case to help you achieve the best outcome possible. Call us today at 317-623-0989 or fill out our online form to request a free consultation and to learn more about how we can help with your case.

Source:

iga.in.gov/laws/2025/ic/titles/9#9-30-5-1