December 30, 2024 | DUI
Over 17,000 DUI arrests took place in Kentucky in 2021, and some resulted in the driver being asked to submit to a breathalyzer test. Law enforcement officers and prosecutors often regard these test results as irrefutable evidence that drivers are above the .08 blood alcohol content limit. If you are in this position, you might feel immense pressure to take a plea deal.
A breathalyzer is like any other machine or instrument in that its readings and measurements can be wrong. If you are facing a DUI charge because of a breath test result, do not be so quick to assume you have no defense. If you do not remember having much to drink, it may be worthwhile to explore whether an error led to a false positive result.
Breath testing equipment is designed to operate under specific conditions. If there are variances in the environment or the subject being tested, the resulting reading might be inaccurate. Some of the more common reasons your result might be off include:
Diabetes
Uncontrolled diabetes can lead to a condition known as ketoacidosis. If you have ever smelled a diabetic’s breath and noticed a fruity smell, it is likely that the person was experiencing ketoacidosis. This condition is characterized by the presence of ketones on the breath, which a breathalyzer machine can read as alcohol.
Uncalibrated Equipment
Breath-testing equipment must be checked regularly and as part of every breath test. The machine performs a self-check by sampling a solution with a known alcohol concentration. If the machine does not accurately test this control solution, it should be removed from service and repaired before any more breath tests are performed.
Contaminants In the Environment
A breathalyzer automatically performs a series of tasks to prepare itself to measure a breath sample. One of these steps is to draw in air from the environment. This step is to purge the machine of any residual alcohol so that the next reading is accurate.
A machine that fails to perform this step or that draws in airborne cleaning solutions or other contaminants from the surrounding environment may not provide a correct reading.
Mouth Alcohol In the Sample
A breath sample requires a large amount of air because the machine is trying to read the concentration of alcohol in the “deep air” of your lungs. This is supposedly a more accurate measure of your level of intoxication than the breath in your mouth.
However, if you burp or vomit just before taking a test, the residual alcohol in your breath can provide an inaccurate reading.
Food and Beverage Contamination
Some food and non-alcoholic beverages can cause an abnormally high alcohol reading on a breathalyzer.
If you consumed energy drinks or protein bars or recently used mouthwash, these items contain sugar compounds or other molecules that a breath testing device can read as alcohol. This risk increases if the arresting officer does not follow protocol and observe you for at least 20 minutes before testing you.
Your Next Steps If You Believe Your Breath Test Is Inaccurate
While you may be charged with DUI following a false positive breath test, you still have options to contest the result. Filing challenges in court and in administrative hearings can allow you to review the machine’s maintenance records, present the court with your medical history, and submit other evidence to the court that challenges the accuracy of the machine.
The assistance of an experienced DUI defense lawyer can be especially helpful in this situation. Your lawyer will know the methods and procedures for challenging a breathalyzer’s accuracy and raising any other defenses you might have to your charges.
Contact the Lexington DUI Attorneys at Suhre & Associates DUI and Criminal Defense Lawyers For Help Today
For more information, contact the DUI attorneys at Suhre & Associates DUI and Criminal Defense Lawyers. Give us a call today at (859) 569-4014 or visit us at our Lexington law office.
Suhre & Associates DUI and Criminal Defense Lawyers – Lexington
333 West Vine Street #212
Lexington, KY 40507