Understanding Breathalyzer Tests and Their Flaws
Breathalyzer tests check for alcohol in your breath sample. When you blow into the device, it measures alcohol from your deep lung air. The machine then estimates your blood alcohol based on this breath sample.
Bay Area law enforcement agencies use breath testing devices that need to be properly calibrated and checked often. If a breathalyzer isn’t properly calibrated, it can’t give accurate results. Many police departments don’t follow proper protocol for keeping these tools in good shape.
Breath testing has big problems even when done right. These machines can have a margin of error of up to 15% in either direction. This error range could mean the difference between being under or over the legal limit in many DUI cases.
How to Challenge Breathalyzer Test Results in Court
The legal process for fighting a breath test starts with looking at your whole DUI investigation. We check everything from why the traffic stop happened to how the officer conducted field sobriety tests and breath testing.
Filing motions to suppress evidence is often our best defense. We argue that test results shouldn’t be used because:
- The traffic stop lacked reasonable suspicion
- The person performing the test didn’t follow the rules
- The breathalyzer device had faulty sensors
Cross-examination of police officers helps us find weaknesses in their cases. We ask whether they observed the required observation period, were properly trained to use the device, and if they followed all proper procedures. Even small mistakes by the police can help us win your case.
Expert witnesses strengthen our defense strategy. We bring in specialists who explain why breathalyzer readings can be wrong. They help judges and juries understand that your test results might not reflect your actual blood alcohol content at the time you were driving
Can Breathalyzer Test Results Be Inaccurate?
Yes, breathalyzer test results are often wrong. From weather to medical issues to poor care of the machines, these devices make mistakes. An experienced DUI attorney knows how to spot and use these problems when fighting for you.
When building your defense, we look for all the things that might have made your breath test inaccurate. Let’s look at the common problems that lead to false readings.
Factors That Can Skew Breathalyzer Results
Weather and temperature can throw off breath tests. Cold weather can make readings too high if the device isn’t set correctly. Radio equipment in police cars creates electromagnetic waves that can mess with the machine’s sensors.
Officer errors cause many inaccurate results. If police don’t watch you for 15-20 minutes before the test, mouth alcohol can make your reading too high. We always check if the officer’s observations and notes show they followed testing rules.
Many things can trigger false positives on breath tests. Mouthwash, certain foods, and some medicines can all make it seem like you drank alcohol. Even some health issues can cause breath tests to give wrong results when you haven’t had any alcoholic beverages.
Medical Conditions Like Acid Reflux and Their Impact
Gastroesophageal reflux disease (GERD) can greatly affect breathalyzer readings. This condition pushes stomach contents into your throat and mouth. Any alcohol in your stomach can create “mouth alcohol” that makes test results much higher than your actual blood alcohol level.
Diabetes and similar health issues can cause false readings. When your body makes ketones, some breathalyzers mistake them for alcohol. Someone with diabetes might fail a breath test without having a single drink.
Other health problems that can affect test results include liver disease, dental work, and breathing issues like asthma. People who have trouble breathing might not give a good breath sample, leading to wrong readings. We check your medical history to find any conditions that might have affected your test.
Comparing Breath Test vs. Blood Test Accuracy
Blood tests measure alcohol right in your blood, while breath tests are based on your breath. This key difference is why blood tests are usually more trusted in DUI cases as chemical test evidence.
Most good DUI attorneys prefer blood test evidence over breath test results. The scientific problems with breath testing give us strong grounds to challenge breathalyzer readings that put you over the legal limit.
Why Blood Tests Are Often More Reliable
Blood tests measure alcohol directly in your bloodstream, which is more accurate than breathing into a machine. With a blood test, your blood sample goes to a lab where they precisely measure the alcohol percentage. This direct method avoids many problems that plague breath testing.
Blood tests have fewer things that can go wrong. While breathalyzers get confused by mouth alcohol, dental work, and medical conditions, blood tests avoid these issues. Blood samples are also kept for possible retesting, letting your defense team check the results if needed.
Legal Strategies to Dispute Breath Test Evidence
Our DUI defense team knows how to use the problems with breath testing to help you. If your case depends mainly on a breathalyzer reading, we demonstrate to the court why these tests are unreliable. This strategy creates reasonable doubt about whether you were really driving under the influence.
Courts have thrown out breath test evidence in many cases. In several Bay Area DUI cases, we’ve gotten breathalyzer readings excluded because the machine wasn’t properly maintained, the tests weren’t done right, or the police made mistakes. These legal wins often lead to better plea deals or cases being dismissed.
Breathalyzer Results and Rising Alcohol Content Defense
The rising blood alcohol content defense is one of our strongest tools. This defense argues that while your BAC was over the legal limit when tested, it was under the limit when you were driving. Alcohol takes time to enter your bloodstream, so your levels can rise between driving and testing.
Timing Discrepancies Between Driving and Testing
The time between when an officer pulled you over and when they gave you a breath test creates great defense options. If police waited 30 minutes or more to test you, your alcohol content could have been rising during that wait. We study the timeline in your case closely. This gap in time can help establish that you were under the legal limit when actually driving, which can get your DUI charges dismissed altogether.
How Metabolism Affects BAC Readings
Everyone’s body processes alcohol differently. Your weight, gender, what you eat, and even genetics affect how fast alcohol enters your blood. If you had food before drinking, your body absorbs alcohol much more slowly. Our DUI defense attorneys work with experts who can explain how your specific metabolism likely affected your BAC readings. This science shows that the breathalyzer machine didn’t accurately measure your blood alcohol content when you were driving.
Contact Our DUI Defense Lawyer for a Free Case Evaluation
If you’re facing DUI charges based on a breathalyzer test in the Bay Area, call us for a free consultation. Our criminal defense attorneys have successfully challenged breath test results and kept people’s driver’s licenses from being taken away. We’ll look at every part of your case—from why police pulled you over to how they did the breath test—and build your best defense. Don’t let a flawed breathalyzer test ruin your life. Call our law offices today for legal services that work.
At Summit Defense Criminal Lawyers, our DUI lawyers know how a failed breathalyzer test can hurt your case. When law enforcement pulls you over, and the test shows your blood alcohol concentration is over the legal limit of 0.08%, you might feel stuck. A DUI arrest can take away your driver’s license, force you to pay fines, and even put you in jail.
