Congressman Vito Fossella may challenge his DUI charge, after the accuracy of a breathalyzer used has come into question.

While police reports indicated Fossella's blood-alcohol level was at more than twice Virginia's legal limit when he was arrested for drunk driving earlier this month, the accuracy of the machine that determined that level may be a critical part of Fosella's case against the charge he faces.

The Daily News says his lawyers are mounting a defense that revolves around problems with the specific breathalyzer model.

The paper says Fossella's blood-alcohol level registered different levels on two different machines that night. The second machine measured Fossella's blood alcohol content at a higher level.

Fossella's legal team has reportedly subpoenaed files from the breathalyzer manufacturer in an effort to highlight a pattern of problems.

A Virginia government report will help in that argument. Just last year, the report called the machines, "unstable and unreliable."

Fossella is scheduled to appear in court on June 27.

Last week, he announced he does not intend to seek re-election this fall.