Can A Breathalyzer Test Be Wrong?

Discover Whether Breathalyzer Results Can Be Misleading

When you think of a DUI (Driving Under the Influence) arrest, one of the first things that might come to mind is the breathalyzer test. A breathalyzer is used by law enforcement to measure the amount of alcohol in a person’s breath and estimate their blood alcohol concentration (BAC).

If the BAC exceeds the legal limit, 0.08% in many states, it can lead to serious legal consequences. Yet, can a breathalyzer test be wrong? The answer is yes, and this article will tell you why.

In this post, you’ll learn how breathalyzers work, the reasons they might not always be accurate, and what you can do if you think the test got it wrong.

Whether you’ve been arrested for DUI or just want to be prepared, this guide will help you understand the ins and outs of breathalyzer tests.

How Does a Breathalyzer Work?

The Mechanics Behind Breathalyzers

Breathalyzers test how much alcohol is in your breath to estimate your blood alcohol content (BAC). When you drink, alcohol enters your bloodstream and moves to your lungs. As you breathe, some of this alcohol comes out when you exhale.

To use a breathalyzer, you blow into it, and the device analyzes your breath to measure alcohol. Most breathalyzers work by using a chemical reaction. Alcohol in your breath reacts with chemicals inside the device, creating an electrical current. The more alcohol present, the stronger the current, and the device shows your BAC.

Factors That Affect Breathalyzer Accuracy

Know What Influences Breathalyzer Test Results

Various elements can affect the accuracy of a breathalyzer test. By recognizing these potential issues, you can better assess whether the test results are accurate:

Poor Breathalyzer Calibration

Sometimes, breathalyzers can give incorrect results, leading to a DUI charge even if you haven’t had much to drink. An improperly calibrated breathalyzer can show that you’ve been drinking more than you actually have. It might also suggest you’ve been drinking when you haven’t touched any alcohol.

Fortunately, with the help of a knowledgeable DUI lawyer, you can prove that the breathalyzer used on you was not properly calibrated. If successful, it invalidates the evidence against you.

Bad Test Solutions

Breathalyzers are designed to spot alcohol in your breath through specific chemical reactions. However, if the chemicals inside the device are outdated or not mixed correctly, you could get inaccurate results.

Sometimes, breathalyzers use old or even homemade solutions, causing them to show that you’ve been drinking when you haven’t. So, if you think the breathalyzer’s solutions were off, looking into it might reveal that your results were incorrect.

Wrongly Modified Tests

Breathalyzers are pretty sensitive and they need to be used in strict adherence to established protocols and standards. If law enforcement makes unauthorized tweaks, like turning off the temperature sensor, this can affect the results.

Even if the machine says you have high alcohol levels, it might just be because of these changes, not because you’ve been drinking. So, if you suspect the breathalyzer was tampered with, it’s worth checking to see whether there were modifications that affected your test.

Programming Errors

Breathalyzers rely on complex software to give accurate results. Sometimes, bugs or mistakes in the software can mess things up, leading to incorrect readings.

These glitches might be hard to catch, but they could cause false-positive results. If you think a software issue affected your breathalyzer results, investigating the problem might show that programming errors were at fault.

Medical Conditions

Certain health issues can throw off breathalyzer readings. For example, diabetes might make it look like you have more alcohol in your system than you do. Persistent acid reflux can also make it seem like you’ve been drinking more. These conditions can lead to misleading results, which is especially tricky if you’re involved in an accident.

Certain Types of Medications

Some medications can impact breathalyzer results in various ways. Cold medicines, allergy pills, and certain ulcer drugs might make your BAC reading higher. Other medications, like oral gels for toothache or asthma meds, might affect the results without changing your actual BAC.

If you’re on medications that could affect your breathalyzer test, follow your doctor’s advice on drinking to avoid confusing results.

Certain Food Types

Certain foods can sometimes cause breathalyzers to give a false positive, making it seem like you’ve been drinking when you haven’t. For instance, dishes that contain alcohol, like penne ala vodka, can leave traces of alcohol in your breath that may affect the test.

Foods high in yeast, like some baked goods, can also impact breathalyzer results. During the baking process, yeast ferments sugar into alcohol, albeit in small amounts. Nevertheless, it can lead to a slight alcohol presence in your breath.

Other items that might affect breathalyzer readings include fermented sodas, ripe fruits, hot sauces, and energy drinks. Even nonalcoholic beer and wine, though they have little to no alcohol, can contain trace amounts.

Your Breathalyzer Test Result Is Inaccurate. What Next?

Learn the Essential Steps to Take If You Suspect Your Breathalyzer Test Results Are Off

If you notice that a breathalyzer test may have given an incorrect result, here’s what you should do immediately:

Document Everything

If you suspect that a breathalyzer test was inaccurate, start by documenting everything related to the test. Write down the time and location of the test, the condition of the breathalyzer, and any other relevant details.

If possible, take photos of the breathalyzer and any related equipment. Detailed documentation will be valuable if you need to challenge the test results later.

Request a Second Test

One of the first things you should do is request a second breathalyzer test or an alternative test like a blood test. Blood tests are generally considered more reliable and can provide a more accurate measurement of your blood alcohol concentration (BAC).

By requesting another test, you create an opportunity to confirm or dispute the initial results.

Gather Evidence

Collect any evidence that could support your claim that the breathalyzer results were incorrect. This might include receipts for food or drinks you consumed and information about any medications you were taking.

It may also include witness statements from people who were with you. Evidence can help demonstrate that factors other than alcohol might have affected the test results.

Seek Legal Advice

Contact an attorney who knows the technicalities involved in DUI processes as soon as possible. An experienced lawyer can help you understand your rights and guide you through the legal process. They can also advise you on the best course of action and represent you in court, if necessary.

Talk to Our DUI Attorneys

Think Your Breathalyzer Results Might Be Wrong? Our Experienced DUI Attorneys Can Help You Challenge Them!

If you believe that a breathalyzer test result may have been incorrect, it’s crucial to take immediate action to protect your rights.

At Taracks & Associates, our experienced DUI attorneys are here to help you navigate this challenging situation. We understand the complexities of breathalyzer tests and can offer you the support and expertise needed to challenge inaccurate results.

Contact our DUI lawyers today at (813)-281-2897 for a thorough evaluation of your case. We’ll work tirelessly to ensure you receive a fair hearing and achieve the best possible outcome.