Defending Against Breathalyzer Test Results

Failing a breathalyzer can feel overwhelming, and the consequences under Minnesota DWI laws extend beyond legal penalties. A DUI charge can affect your license, employment, insurance, and everyday life. At Rogosheske, Rogosheske & Atkins, PLLC, we guide clients through each step of the process, carefully review case details, and help you understand your options for defending against breathalyzer evidence. Our approach combines practical legal strategies with clear explanations so you can make informed decisions.

What Happens After a Failed Breathalyzer Test in St. Paul?

When a driver fails a breath test, it triggers both legal and administrative consequences. Minnesota law sets the blood alcohol concentration (BAC) limit at 0.08% for most drivers and 0.04% for commercial drivers. A failed test can result in immediate arrest, temporary license revocation, and, in certain situations, vehicle impoundment.

Criminal charges proceed through the courts while administrative license actions move separately. Minnesota’s implied consent law requires drivers to submit to chemical testing upon request. If you fail, a formal Notice and Order of License Revocation is issued. Drivers have 60 days from the date of the revocation notice to file a petition to challenge their license revocation. Missing this deadline can severely limit your ability to contest administrative penalties.

At Rogosheske, Rogosheske & Atkins, PLLC, we monitor all aspects of your case, from DMV notifications to court filings, ensuring deadlines are met and every piece of evidence is thoroughly reviewed. This careful attention to detail helps protect your rights and strengthens your defense strategy.

How Accurate Are Breathalyzer Results & What Affects Reliability?

Breathalyzer tests are often considered reliable by law enforcement, but they are not infallible.

Several factors can affect the accuracy of readings:

Device issues. Software glitches, temperature fluctuations, or improper calibration can produce skewed results
Operator error. Improper test administration, including failing to follow required observation periods or instructions, can affect the outcome
Environmental factors. Extreme weather or the presence of certain chemicals in the surrounding environment may interfere with readings

Most police use the DataMaster DMT, which relies heavily on proper maintenance and operator training. MN law mandates regular calibration and maintenance, with all records kept by the Bureau of Criminal Apprehension (BCA). At Rogosheske, Rogosheske & Atkins, PLLC, we scrutinize these records for gaps or inconsistencies that may undermine the reliability of the test.

Even when devices function properly, operator mistakes, improper sample collection, or overlooked procedural errors can result in inaccurate BAC readings. Identifying these flaws is a key part of building a strong defense.

Legal Procedures Governing Breathalyzer Tests

Chemical testing for DWI is governed by Minnesota Statutes Chapter 169A, Section 169A.51, which specifies how breath, blood, or urine tests must be conducted and outlines your rights under the state’s implied consent law.

Key requirements include:

Probable cause. Officers must have a reasonable belief that the driver is impaired before requesting a chemical test.
Implied consent advisory. Drivers must be informed that refusing a test is a crime and may result in license revocation.
Proper testing procedures. Breath tests must be performed on approved devices and documented meticulously.

Can You Refuse a Breathalyzer?

Minnesota law allows you to refuse a breathalyzer, but the consequences vary depending on the type of test.

Formal evidentiary tests at the station: Refusing this test is a criminal offense. It typically triggers automatic license revocation and can lead to penalties equal to or greater than failing the test, particularly for repeat offenders.
Roadside preliminary breath tests (PBT): You can refuse these without facing criminal penalties, though the refusal may influence an officer’s decision-making.

Before making a decision, you have the right to consult with an attorney, even briefly. At Rogosheske, Rogosheske & Atkins, PLLC, we guide clients through this choice, explain both the immediate and long-term consequences, and help protect their rights. In rare circumstances, medical or physical conditions may justify refusal, but these defenses require credible documentation. Consulting an attorney before acting is the safest course to safeguard your interests.

Common Factors That Can Affect Breathalyzer Accuracy

Understanding what can cause inaccurate results is vital for your defense:

Medical conditions. Diabetes, hypoglycemia, or acid reflux (GERD) can create compounds in the breath that some devices mistake for alcohol.
Medications and products. Mouthwash, cough syrup, hand sanitizer, or other alcohol-containing products may impact readings.
Environmental exposure. Paints, adhesives, or cleaning chemicals can temporarily influence BAC detection.
Procedural errors. Failing to observe the 15-minute waiting period, using unapproved devices, or improperly administering the test can all lead to inaccurate readings.

Our team reviews every potential factor to identify inconsistencies or irregularities that may strengthen your defense.

Defenses Against Breathalyzer Evidence

Effective defenses focus on technical, procedural, and constitutional aspects of your case.

These can include:

Reviewing calibration and maintenance records
Confirming officers followed observation and advisory protocols
Considering environmental or medical factors affecting readings
Assessing whether the traffic stop and probable cause were valid

When these issues are identified, they can lead to reduced charges, alternative sentencing, or in some cases, dismissal of the DWI charge.

Choosing a Breathalyzer Defense Attorney in St. Paul

Select an attorney with deep experience in Minnesota DWI cases, local courtroom knowledge, and a strong track record in contesting breathalyzer results. Clear communication, strategic guidance, and access to forensic resources are essential. At Rogosheske, Rogosheske & Atkins, PLLC, we combine decades of criminal defense experience with practical legal strategies to defend clients confidently.

How a DUI Charge Can Affect Your Future

A DUI conviction can impact many aspects of life, including employment opportunities, professional licensing, insurance rates, and personal freedoms. Acting quickly, meeting court and administrative deadlines, complying with program requirements, and keeping detailed records, can help minimize these consequences.

Our team assists with:

License reinstatement. Navigating DMV hearings and paperwork.
Plea negotiations. Seeking reduced charges or alternative sentencing options.
Record expungement. Exploring opportunities to clear your record where eligible.

For more detail on long-term consequences and strategies to protect your future, see our blog: The Impact of a DWI on Your Future

Our goal is to protect your rights and help maintain your future opportunities, providing support at every stage of the legal process.

Contact Rogosheske, Rogosheske & Atkins, PLLC

For confidential guidance on breathalyzer defense in St. Paul, call (651) 413-9004 or submit an online form. We provide direct support, explain your options clearly, and guide you through both administrative and criminal proceedings with professionalism and confidence.