A Factors that May Affect a DUI Breath Test
A conviction for driving under the influence of alcohol, or DUI, can bring about serious legal penalties and collateral consequences, including hefty monetary fines – and even jail time. In many DUI cases, prosecutors rely heavily on breathalyzer evidence to establish their legal burden of proof and secure a conviction against the accused individual.
However, in some situations, a skilled DUI defense attorney may show that a breathalyzer test gave a false positive result. Consequently, the prosecutor may be unable to meet their legal burden of proof, and the DUI case may be dismissed.
If you are currently facing DUI charges, you need a knowledgeable criminal defense attorney to advocate for you right away. Your lawyer can go over potential legal defenses with you and pursue the best possible result in your case.
Elements of a DUI Charge and Potential Penalties Upon Conviction
To convict someone of DUI, a prosecutor must prove several key elements beyond a reasonable doubt. These elements typically include the following:
- Driving or Operating a Vehicle – The prosecutor must first show that the accused (the defendant) was driving or in control of a vehicle. In some cases, being behind the wheel with the keys in the ignition – even if the car isn’t moving – can qualify as “operating” a vehicle.
- Impairment or Intoxication – The prosecutor must prove that the defendant was impaired by alcohol or drugs at the time of driving. Impairment can be shown in two main ways:
- Blood Alcohol Concentration (BAC) – Most states have a legal limit for blood alcohol concentration, typically 0.08 percent. If a breathalyzer, blood test, or urine test shows that the defendant’s BAC was at or above this limit, the prosecutor can argue that the defendant was intoxicated.
- Observable Impairment – Even if BAC is below the legal limit, the prosecutor can try to show that the alcohol or drugs impaired the driver’s physical and mental abilities. This can be demonstrated through police observations of slurred speech, poor coordination, or failing field sobriety tests.
- Illegality – The prosecutor must prove that the act of driving while intoxicated violated the law. This includes being at or over the legal BAC limit or operating a vehicle while impaired by drugs, whether legal or illegal.
If convicted of a DUI, penalties vary depending on the state and the circumstances of the case, but they can include:
- Fines – DUI fines can range from several hundred to several thousand dollars.
- License Suspension – Your driver’s license may be suspended for months or even years.
- Jail Time – In some cases, DUI convictions can lead to time in jail, especially for repeat offenders.
- Community Service – Some DUI convictions may require you to complete a set number of community service hours.
- Alcohol Education or Treatment Programs – Many states require attendance at alcohol or drug education programs.
Penalties often increase with repeat offenses or if the DUI caused injury or property damage.
How Do False Positive Breathalyzer Tests Occur?
A false positive breathalyzer test occurs when a person’s breathalyzer reading indicates that they have alcohol in their system when they may not or when the reading is higher than the actual level. Several factors may contribute to this, including environmental, medical, and mechanical issues.
- One common cause is the presence of certain chemicals or substances in the mouth. For instance, using mouthwash, breath fresheners, or even cough syrups containing alcohol can temporarily boost the alcohol content in your breath. This may result in an inflated reading, even if you haven’t been drinking.
- Another possible factor is acid reflux or gastroesophageal reflux disease (GERD). This condition causes stomach acid, and sometimes small amounts of alcohol from previous consumption, to flow back into the mouth. When you blow into a breathalyzer, this alcohol can interfere with the reading, leading to a false positive.
- Diabetics may also encounter false positives. A condition called ketoacidosis can cause the body to produce acetone, a chemical that may be mistaken for alcohol by some breathalyzers. This can lead to inaccurate results even if no alcohol was consumed.
- Mechanical issues with the breathalyzer device itself can also contribute to false positives. Breathalyzers need to be properly calibrated and maintained. If they are not, the readings may be inaccurate. Additionally, different devices vary in their sensitivity and accuracy, which can affect the results.
- Lastly, exposure to certain chemicals in the environment, such as paint fumes or gasoline vapors, can sometimes skew breathalyzer results. These substances can mimic alcohol molecules and interfere with the device’s sensors.
Successfully Defending Against a DUI Charge by Showing that the Breathalyzer Test Showed a False Positive
An experienced criminal defense attorney can effectively challenge a DUI charge by demonstrating that a breathalyzer test result showed a false positive. This defense strategy often involves several key approaches.
- First, the attorney will investigate the accuracy of the breathalyzer device used during the arrest. Breathalyzers require regular calibration and maintenance to ensure accurate readings. If the device was not properly maintained, the attorney can argue that the results are unreliable. They may obtain maintenance records and calibration logs to support this claim.
- Second, the attorney can examine the circumstances surrounding the breathalyzer test. For instance, if the individual consumed products like mouthwash or cough syrup shortly before the test, these may lead to elevated readings due to their alcohol content. The attorney can present evidence of the defendant’s recent consumption to illustrate this point.
- Additionally, the defense may involve expert testimony. Toxicologists or breathalyzer specialists can explain how certain medical conditions, like diabetes or acid reflux, can produce substances that mimic alcohol in breath tests. By bringing in expert witnesses, an attorney can strengthen their argument that the test result was inaccurate.
- Moreover, the attorney will review the arresting officer’s conduct. If the officer failed to follow proper protocols when administering the test, this fact may also cast doubt on the validity of the test results.
Ultimately, by using these strategies, an experienced criminal defense attorney can create reasonable doubt regarding the breathalyzer test. This may lead to reduced charges or even a complete dismissal of the DUI case.
Speak with an Experienced DUI Defense Lawyer Today
If you are currently facing a DUI charge, it’s essential that you have legal representation in your case as quickly as possible. A knowledgeable criminal defense lawyer in Santa Rose can challenge a breathalyzer test result and help you secure an acquittal, dismissal, or other favorable result in your case.