Understanding breath test challenges in Minnesota DWI cases
In Minnesota, breath test results are a primary piece of evidence in driving while impaired (DWI) cases. Prosecutors often rely heavily on these results to prove impairment. However, breath tests are not perfect.
If the test was administered incorrectly, the machine was faulty, or other factors caused an inaccurate reading, the results may be challenged, and in some cases, your DWI charges could be dismissed. At Martine Law, our Minnesota DWI lawyers defend clients against unfair or unreliable evidence.
How breath tests work in Minnesota
Minnesota uses breath testing devices such as the DataMaster DMT to measure blood alcohol concentration (BAC). These tests are usually administered after an arrest, either at the roadside or at a police station.
To be admissible in court, the test must follow strict legal and technical standards.
Common reasons a breath test might be wrong
There are several factors that can lead to an inaccurate breath test result:
- Improper calibration or maintenance of the testing device
- Operator error, such as not following the correct testing procedure
- Mouth alcohol contamination from recent drinking, mouthwash, or medication
- Medical conditions like acid reflux or diabetes that can skew readings
- Interference from electronics or environmental factors
If any of these issues occurred, your DWI attorney can challenge the evidence.
Legal grounds to challenge a breath test
In Minnesota, your lawyer can file motions to:
- Suppress the breath test results due to improper procedure
- Argue that the testing device was unreliable based on maintenance records
- Question the training and certification of the officer who administered the test
- Demonstrate that your BAC at the time of driving was below the legal limit despite the test result
If the court agrees the breath test evidence is unreliable, the prosecution may have to drop or reduce the charges.
Can your DWI be dismissed?
Yes, but only under certain circumstances. A DWI case may be dismissed if:
- The breath test is the main evidence against you, and
- Your lawyer successfully gets the results thrown out
Even if the case is not dismissed, challenging the breath test can lead to reduced charges or penalties.
Why you need a lawyer immediately
Time is critical in a DWI case. Your lawyer can quickly:
- Obtain breath test maintenance and calibration records
- Review body camera or dash camera footage
- Interview witnesses to the arrest
- Work with forensic experts to evaluate the test’s accuracy
Our Minnesota DWI attorneys have successfully defended clients by exposing flaws in breath testing.
Key takeaways
- Breath test errors in Minnesota DWI cases can result from improper calibration, operator mistakes, or medical conditions.
- If a breath test is proven unreliable, your charges may be dismissed or reduced.
- A skilled defense lawyer can investigate and challenge faulty test results.
- Acting quickly after arrest improves your chances of a favorable outcome.
Accused of DWI in Minnesota?
We fight to protect your rights, challenge bad evidence, and keep your record clean.
Contact Martine Law today for a confidential consultation.


