Breathalyzer machines are only as accurate as their calibration. If the machine wasn’t maintained properly, the entire DWI case may fall apart. Arkansas requires strict calibration standards — and officers make mistakes more often than you’d think.
1. Calibration Records Must Be Current
Every breath machine used in Arkansas must undergo regular calibration. If the State cannot produce:
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monthly calibration logs,
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maintenance logs,
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officer certification records, or
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proof the machine passed its tests,
…the results become unreliable.
2. The Officer Must Be Certified
Even a properly functioning machine becomes invalid if the operator is:
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uncertified,
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expired on training, or
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unfamiliar with the protocol.
Training lapses are a common problem.
3. The Observation Period Matters
Arkansas requires officers to observe you for a minimum period before testing. During that time:
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no eating,
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no drinking,
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no smoking,
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no burping or regurgitation.
If the officer didn’t actually observe you, the result may be compromised.
4. Environmental Factors Can Skew Results
Breath machines can produce false positives because of:
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radio frequency interference,
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mouth alcohol,
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medical conditions (GERD, diabetes),
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temperature variations.
These are valid grounds for suppression challenges.
5. The Result Must Match the Officer’s Observations
If the officer’s report describes:
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no slurred speech,
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no stumbling,
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no odor of alcohol,
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no bad driving,
…yet the machine shows a very high BAC, that inconsistency can be used in your defense.
Bottom Line
Breath test results are not bulletproof. Calibration, certification, observation, and environmental factors all matter. If the machine wasn’t properly maintained, the test may be thrown out. Contact my office to review your breath test for errors.
This blog post is provided for general informational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship with Wesley Rhodes, Attorney at Law. If you need legal advice about your specific situation, you should consult with a qualified criminal defense attorney.