Publication date: 05.02.2026
Breathalyzer testing is a standard method used by traffic police to monitor drivers for alcohol consumption and ensure road safety. Officers may conduct such tests during routine traffic stops, document checks, or after traffic accidents. However, test results are not always unquestionable evidence. Therefore, it is essential to understand The procedure for a breathalyzer test conducted by the traffic police and when there is the possibility of appealing the result of a sobriety test.
Testing errors or procedural violations may affect the reliability of the results. In such situations, drivers have the right to defend themselves if there are errors during a police breathalyzer test or violations of driver's rights during a sobriety test.
The Procedure for a Breathalyzer Test Conducted by the Traffic Police
A lawful The procedure for a breathalyzer test conducted by the traffic police requires compliance with technical standards and legal regulations. Police officers must use certified devices and follow proper testing protocols.
The testing procedure typically includes:
- stopping the vehicle and informing the driver about the reason for the inspection;
- conducting the breathalyzer test using an approved device;
- repeating the test if results are unclear or disputed;
- preparing official documentation of the test;
- referring the driver for a medical examination if required.
Failure to follow these procedures may provide grounds for challenging the test results.
Driver's Rights During a Sobriety Test
Every driver has legally protected driver's rights during a sobriety test, which ensure fairness and legality during police inspections.
Drivers have the right to:
- receive information about the reason for the test;
- request a repeated breathalyzer test;
- request a medical sobriety examination;
- review test results;
- document the testing process;
- receive copies of official documentation.
Understanding these rights helps drivers protect themselves against unlawful procedures.
Errors During a Police Breathalyzer Test
Various errors during a police breathalyzer test may influence the accuracy of the results and may serve as valid grounds for appeal.
Common errors include:
- use of defective or uncertified testing equipment;
- failure to follow proper device operation procedures;
- lack of repeated testing when required;
- incorrect preparation of official reports;
- failure to follow required waiting periods between tests.
Documenting such errors can significantly strengthen a driver’s legal position.
The Possibility of Appealing the Result of a Sobriety Test
Legal regulations provide the possibility of appealing the result of a sobriety test when there are legitimate doubts about the testing process or accuracy of results. Appeals may be submitted through administrative procedures or court proceedings.
Grounds for appeal may include:
- violation of testing procedures;
- technical malfunction of the breathalyzer device;
- lack of confirmation that testing standards were followed;
- incorrect documentation of the testing process;
- violation of driver's rights during a sobriety test.
Submitting an appeal promptly significantly increases the chances of a favorable outcome.
Legal Assistance in a Dispute Regarding a Breathalyzer
In complicated cases, legal assistance in a dispute regarding a breathalyzer plays an essential role. Legal professionals help evaluate whether testing procedures were lawful, prepare appeals, represent drivers before authorities, and assist in administrative or court proceedings.
Legal assistance is particularly important in cases involving:
- risk of driver's license suspension;
- serious administrative penalties;
- criminal proceedings;
- doubts regarding test accuracy;
- disputes with law enforcement authorities.
Professional legal support helps drivers effectively defend their rights and reduce legal risks.
Common Mistakes Drivers Make During Sobriety Testing
Drivers often make mistakes that weaken their legal position. The most common mistakes include:
- refusing repeated testing;
- signing documents without proper review;
- failing to document procedural violations;
- delaying legal consultation;
- refusing medical examination when permitted.
Avoiding these mistakes significantly improves the chances of successful defense.
Who we are
Consultant Legal Marketplace is a platform connecting foreigners and residents in Poland with verified specialists in administrative and traffic law. We handle cases involving sobriety testing disputes, preparation of legal complaints, court representation, and comprehensive protection of drivers’ rights. The platform provides structured legal support, personalized solutions, and professional assistance at every stage of legal proceedings.
Sobriety testing is an important safety measure, but it must be conducted in accordance with legal and procedural requirements. Understanding The procedure for a breathalyzer test conducted by the traffic police, knowing driver's rights during a sobriety test, and identifying errors during a police breathalyzer test may create grounds for using legal remedies, including the possibility of appealing the result of a sobriety test. Timely legal assistance in a dispute regarding a breathalyzer helps drivers effectively protect their rights and minimize legal consequences.
If you disagree with the results of a breathalyzer test or need legal support, contact the Consultant platform. We will help prepare documentation and guide you through the legal protection process.
FAQ — Frequently asked questions
Question
Can a driver request a repeated breathalyzer test?
Answer
Yes, drivers have the right to request repeated testing or a medical sobriety examination.
Question
Is it possible to appeal breathalyzer test results?
Answer
Yes, if procedural violations or technical errors occurred during testing, the results may be challenged.
Question
Is a driver required to accept breathalyzer results?
Answer
No, drivers may request additional testing or medical examination.
Question
What should a driver do if police violate testing procedures?
Answer
Drivers should document the violations and seek legal assistance.
Question
Can a positive breathalyzer result lead to license suspension?
Answer
Yes, confirmed intoxication may result in administrative or criminal penalties, including suspension of driving privileges.
