Breathalyzer tests are used by law enforcement as if they are the gold standard for determining whether a driver is driving over the legal alcohol limit. But, are breathalyzers always accurate? The truth of the matter is, breathalyzers may not be as infallible as law enforcement likes to believe.
Facing DUI or related charges? The DUI defense attorneys at Whalen Montalvo have the skill and the track record to provide you with an effective defense against the state. Get started on your defense today by calling our team at (864) 770-7710.
The short answer to this question is no. Breathalyzers, which purport to measure blood alcohol content, are not always accurate. Many factors can come into play that negatively affect the accuracy of a breathalyzer test. The result is often false positives that end up saddling innocent drivers with unjustified criminal DUI charges.
As you might imagine, various studies have been carried out over the years to determine the accuracy of breathalyzers. What has been discovered is that these devices are quite susceptible to extraneous factors that may cause false positives.
Gastro diseases, such as gastroesophageal reflux disease (GERD), are capable of causing falsely high readings. With GERD, alcohol can move from the stomach to the back of the throat and make it appear as if the test subject has more alcohol in their system than they really do.
Breathalyzers measure breath and not blood. They also do not measure alcohol but the level of methyl compounds, which may or may not be related to alcohol. If they are not related to alcohol, the test may still produce a positive result because many other common chemicals and substances produce methyl compounds.
Breathalyzer machines are so susceptible to inaccuracies caused by outside forces that air and body temperatures can lead to a falsely high reading. An individual with a temperature above normal is in danger of blowing a positive result. Furthermore, hot outside temps can also lead to skewed results, especially when a device has not been properly calibrated or adjusted for the weather.
Breathalyzers are also susceptible to radio frequency interference (RFI), which can cause bad results. RFI can come from numerous common items, including walkie-talkies, cell phones, and computer equipment.
Breathalyzers are machines that need regular maintenance, testing, and calibration. Yet, law enforcement officers frequently fail to keep their breathalyzers in proper working order. When you hire a DUI defense lawyer to represent you, one of the first things they will look into is the maintenance and testing records of the breathalyzer in question.
If your breathalyzer test seems wrong, you should take action. These tests are subject to inaccurate results, but they continue to be used as if they are a gold standard. If your test comes back with a result that seems wrong, speak up and get your voice on the record.
Inform the officer that you would like to go on the record with a statement about the accuracy of the results. This statement can serve as valuable evidence of your innocence later on down the line.
If you are ultimately charged with DUI based on a wrong reading, you absolutely need experienced legal counsel to challenge the results. The sooner you contact an attorney, the better outcome you could receive.
When you need a highly effective defense against criminal charges, look no further than Whalen Montalvo.
Legal counsel protects you against the most damaging consequences of a criminal charge. Without an attorney, the state will typically get everything they are asking for in terms of punishment, which may include:
With an attorney fighting for you, however, the state will negotiate to save time and money. The state will also negotiate when they have a weak case. But without a lawyer, who will point out these weaknesses, and who will attack the holes in the prosecution’s case?
The state is not an infallible entity that is always justified in its arrests and prosecutions. Errors abound in criminal prosecutions, including in those involving breathalyzers. Sadly, many trust in law enforcement and the results of these tools without even thinking of challenging their results. That is where an effective DUI attorney comes in.
Whalen Montalvo criminal defense lawyers are available around the clock to discuss your case and build a strong defense for you against the state. Call (864) 770-7710 for a consultation with an experienced defense attorney who cares.
I grew up right here in Greenville, South Carolina. Following highschool, I attended Rhodes College in Memphis, Tennessee, where I was an NCAA Scholar-Athlete for the Rhodes Lynx soccer program.
I completed my law degree at University of South Carolina School of Law, where I was on the mock trial team and an editor for the Journal of Law and Education. Following graduation, I served as a judicial law clerk for Senior Judge Robert H. Hodges, Jr. on the Court of Federal Claims in Washington, D.C. My experience in D.C. trial courts solidified my desire to become a trial lawyer.
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