Police often use breath tests to quickly check if a driver has been drinking. These tests help to figure out if someone was driving under the influence (DUI). However, the results from these tests aren’t always perfect, and you can challenge these results if the authorities accuse you of drunk driving. What issues could lead to an inaccurate breath test result?
Calibration and maintenance issues
The devices used for breath tests need to be set up correctly and kept in good condition to give accurate readings. In Virginia, the law requires that police departments set up these devices properly before they use them, every six months and after any repairs. If the department did not test and maintain the device according to manufacturer instructions and these legal requirements, the results might be inaccurate, and you could use this to challenge the charges.
Operator error
The accuracy of a breathalyzer test can also depend on the way that the officer used the device. The officer must follow certain steps correctly to get a reliable result. For example, the officer should watch the driver for a while before giving the test to make sure they have not just had a drink. If the officer doesn’t follow these steps, it could affect the test outcome.
Physical factors
Some health conditions like acid reflux or diabetes can impact breath test results, as can medications. For example, people with diabetes might have higher levels of ketones in their breath, which some devices might mistake for alcohol. Medical evidence can help argue that the breathalyzer results were not accurate.
Mouth alcohol contamination
Breathalyzer tests are designed to measure air from the lungs, not the mouth. However, if alcohol is present in the mouth, it could lead to falsely high BAC readings. This could occur if the person had recently had a drink, if they belched or even if they had used mouthwash that contained alcohol.
When challenging breathalyzer test results, it’s crucial for the people facing DUI charges to provide evidence like expert testimony or records of breath test device maintenance. By questioning the accuracy and administration of the test, defendants may be able to cast doubt on the evidence against them.