If I Failed a Breathalyzer Test, Will I Be Convicted?

If I Failed a Breathalyzer Test, Will I Be Convicted?

It is not uncommon for individuals who have been placed under arrest after failing a breathalyzer test to wonder if that failed test means that they will be convicted of DUI.Officer holding out breathalyzer test

Failing a breathalyzer test does not guarantee a conviction. There are many reasons why an individual may fail a breathalyzer test, and there are even more ways in which the results of these types of tests can be successfully challenged.

Your lawyer may be able to file a motion to get the evidence against you suppressed if they can prove that:

  • The test was not properly administered
  • The testing equipment was faulty
  • There were other extenuating circumstances
  • The police had no reason to pull you over in the first place
  • Your rights were violated in any other way

Without the ability to use your breathalyzer test as evidence in your case, the prosecution will have little choice but to dismiss any charges that have been filed against you.


If you are facing charges, don't hesitate to contact us today for your free consultation.

We are available 24/7!


Get 20+ Years of Experience on Your Side

When fighting a DUI, you stand a much greater chance of avoiding conviction if you hire a certified DUI specialist to represent your interests. Attorney Cessna is a highly-respected Denver DUI lawyer who has reached a level of DUI defense certification that few others have achieved.

He is also a former DUI police officer with a comprehensive understanding of the exact procedures and policies officers must follow when making this type of arrest.

He knows what questions to ask, and he does not back down when looking for discrepancies in his clients' cases. If you have failed a breathalyzer test, it is important that you exercise your legal rights.

Contact Us Today For Help

Do not admit guilt and do not speak with investigators until you are able to have legal counsel present. Help is only a phone call away.


Contact the Law Office of Christopher H. Cessna at (303) 720-7280 to schedule your free consultation where attorney Cessna can review your case and advise you of the actions which can be taken in your defense.