If you have been charged with driving while intoxicated (DWI), one of the most important pieces of evidence against you may be the result of a breathalyzer test. You may think these devices are infallible, and there is no use in challenging the results.
Like any technology, breathalyzers can produce inaccurate results under certain circumstances. Understanding how breathalyzers work and what can affect their accuracy can help you better understand your rights and options.
Factors that can affect breathalyzer results
Breathalyzer devices estimate a person’s blood alcohol concentration (BAC) by measuring the amount of alcohol in their breath. The device uses a mathematical formula to convert the alcohol detected in a breath sample into an estimated BAC reading.
Drivers age 21 and older are considered legally intoxicated if their BAC is 0.8% or higher. Commercial drivers are subject to a lower legal limit of 0.4%, and drivers under 21 are subject to the state’s zero-tolerance laws.
Law enforcement officers may use a portable breath test during a traffic stop to determine a driver’s BAC.
Breathalyzer tests can be reliable, but they’re not 100% accurate. Furthermore, the result it provides is only an estimate of BAC and not a direct measurement of alcohol in the bloodstream.
Several issues can result in inaccurate or misleading breath test readings, such as:
- Improper calibration or maintenance: It’s essential to calibrate regularly, service and inspect breathalyzer devices to ensure reliability and accuracy.
- Operator error: Law enforcement officers must follow specific procedures when administering a breath test. Administering the test incorrectly or failing to observe the driver for the required period before testing can affect the results.
- Medical conditions: Certain conditions may affect the device’s accuracy. Acid reflux, gastroesophageal reflux disease (GERD), diabetes and some low-carb diets can sometimes cause elevated readings.
- Environmental factors: Exposure to paint fumes, solvents or other volatile compounds may influence a breathalyzer reading
Breathalyzer results can be challenged in court, which is why you should contact a legal representative if you are charged with DWI. They can investigate whether the traffic stop was lawful, whether the testing procedures were followed correctly and whether the device was properly maintained and calibrated. Their assistance may help improve the outcome of your case.