Recent News

661-590-0385

Can a DUI Charge Be Dismissed Because of a Faulty Breathalyzer in Bakersfield?

Posted by Christopher Martens | Jun 11, 2026 | 0 Comments

Can a DUI Charge Be Dismissed Because of a Faulty Breathalyzer in Bakersfield?

Many people believe that if a breathalyzer shows a blood alcohol concentration over the legal limit, the case is over.

It isn't always that simple.

A common question is:

"What if the breathalyzer was wrong?"

In some Bakersfield DUI cases, the accuracy and reliability of breath-test results become major issues.


Breathalyzers are not infallible

Like any measuring device, a breath-testing instrument must be:

  • Properly maintained
  • Properly calibrated
  • Properly operated

Problems in any of these areas may affect the reliability of the results.


Factors that may affect breath-test accuracy

Breath-test results may be influenced by issues such as:

  • Improper calibration
  • Equipment malfunction
  • Testing procedures
  • Certain medical conditions
  • Environmental factors

Each case depends on its own facts.


Prosecutors still rely heavily on breath tests

Even though breath tests can be challenged, prosecutors often consider them among the strongest pieces of evidence in a DUI case.

They may present:

  • Breath-test results
  • Officer observations
  • Field sobriety tests
  • Driving behavior
  • Statements made during the stop

The breath test is typically only one part of the overall case.


Why careful review matters

Questions involving breath-test evidence may include:

  • Whether proper procedures were followed
  • Whether the machine was functioning correctly
  • Whether records support the reliability of the test
  • Whether other evidence is consistent with the reported BAC

These issues can become important in evaluating the strength of the prosecution's case.


What you should do now

If you were arrested for DUI in Bakersfield and took a breath test:

  1. Keep all paperwork related to your arrest
  2. Write down your recollection of the testing process
  3. Preserve any information about medications or medical conditions
  4. Avoid discussing your case publicly
  5. Speak with a DUI lawyer as soon as possible

A thorough review of the evidence can identify important issues.


Speak with a Bakersfield DUI lawyer today

If you are facing DUI charges in Bakersfield and have questions about the accuracy of a breathalyzer test, Martens Law Firm can review your case and help you understand your options.

📞 Call (661) 336-9335 for a free consultation.

Written by Martens Law Firm

About the Author

Christopher Martens

Bio Visalia and Bakersfield criminal defense attorney who has dedicated his life to helping those who have been accused of crimes or injured due to the negligence of others.

Comments

There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

HIRE AN ATTORNEY WHO WILL FIGHT FOR YOU

CALL TODAY FOR YOUR FREE CONSULTATION

I am here for you

We focus on defending clients accused of Domestic Violence and Driving Under the Influence (DUI), two of the most aggressively prosecuted charges in California. Every case starts with listening. We take the time to understand your situation, your concerns, and your goals so we can build a defense strategy tailored specifically to you. If you are under investigation or have already been charged, do not wait. Early action can make a critical difference in your case. Contact us today for a confidential consultation.

Menu