A study from CBS News that used a common test (the Alcotest 9510) showed that breath temperature can change the results. If the person’s breath is warmer than what the machine thinks it is, the reading could be off by up to 6%, which would put them over the legal limit.
Some people think that breathalyzers always produce accurate results. It might not be accurate, though, due to a number of oral issues. Such an error has already been acknowledged as a possibility by the legal system.
A challenging blood alcohol concentration lawyer can help you check the accuracy of breathalyzer results, look over the testing process, and find mistakes that could change the outcome of your case if you are charged with DUI.
Let’s talk about when breathalyzer tests can be wrong and what the law says about questioning their results.
Understanding How Breathalyzer Tests Work
Breathalyzer tests are undeniably important for measuring blood alcohol content (BAC) because they assess the alcohol molecules in a person’s breath.
Most of the time, some possible devices mostly employ infrared spectroscopy or electrochemical sensors to find alcohol levels. You turn it on, give a long exhale at the device, and it will capture a sample of breath, and before you know it, you have a reading of your BAC. It is a simple process and takes just a couple of seconds for a complete reading, which is why the device has been chosen by law enforcement and regular consumers.
Factors That Can Affect Breathalyzer Accuracy
Medical conditions like diabetes or gastric reflux could possibly give a positive result due to the presence of substances in the mouth that could be mistaken for ethanol. The same with someone who consumed alcohol-containing mouthwash.
In some cases, there are variables influencing the outcome of the breathalyzer. It could be the temperature or the humidity in the testing environment. So, if you want better testing results, the device should be calibrated and maintained.
Breathalyzers can be reliable with maintenance, but they aren’t perfect and could still lead to inaccuracies.
Common Misconceptions About Breathalyzer Results
You may think that blowing a certain number is an absolute indicator of your blood alcohol concentration, but in fact, there are many factors that can affect the readings.
One such factor is mouth alcohol from drinking recently or from certain medications. Some people even believe that eating or drinking water will quickly lower their BAC. That’s a myth.
A breathalyzer measures the amount of alcohol in your breath, not in your blood.
Legal Standards and Challenges in Court
Many people wonder if they can handle their case without an attorney. Looking into your circumstances, can you fight your DUI charges? Still, it would be best to fight these charges with someone who has legal experience.
Breathalyzer tests are often challenged in legal circumstances. Because of their issues with accuracy and dependability, breathalyzers are not considered absolute evidence.
You will see defense attorneys bringing up these matters very often. They are worried that the device isn’t being taken care of properly. Or perhaps the people using it are not well-trained. Defense lawyers would question the reliability of this device.
It’s also important to know that every state has different rules that constitute the evidence. Evidence that care accepted in one state may be rejected in another. So, if the breathalyzer test is the focal point of your case, you should be very familiar with the legal requirements.
What to Do If You Believe Your Breathalyzer Test Was Wrong
In case you doubt that your breathalyzer test results were wrong, taking immediate steps is important.
- Document everything that you remember about the test and the related circumstances. This information might become very important later on.
- Think about getting in touch with and having a chat with a legal specialist that deals with DUI cases; he or she will lead you in the direction of the right move.
- You may request a retest or a blood test for a more accurate test result.
- If there were any witnesses, do not delay to gather their accounts; they could be helpful in your case.
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