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The Truth About Breathalyzers: Why the Results May Not Be Accurate
The Importance of Breathalyzers in DUI Investigations
As a driver, getting pulled over by an officer on suspicion of driving under the influence can be a nerve-wracking experience. One of the things that an officer may request from you is a breath sample on a preliminary alcohol sensor device. The purpose of this device is to determine if your Blood Alcohol Content (BAC) level is 0.08 percent or more while you are driving. Typically, if you are arrested for DUI, you will have to decide whether to take a blood or breath test to determine your BAC level. Law enforcement officers will usually encourage you to take the breath test because it is simpler and provides instant results. However, the reliability of these devices’ results has come under scrutiny.
Several factors can affect the accuracy of breathalyzer results. Although they are designed to measure the deep-lung alveolar air in a driver’s breath, the presence of alcohol in their mouth can also affect the outcome. One critical factor that affects breathalyzer results is the presence of alcohol molecules in some mouthwashes. Hence, using them can lead to unreliable outcomes. This can create significant problems for drivers who are under the age of 21 or are on probation for DUI. For instance, California laws stipulate that drivers below the age of 21 are not allowed to have a BAC level of 0.01% and above in their bloodstream.
Some medical conditions and habits can lead to inaccurate breathalyzer results in a DUI investigation. GERD (Gastroesophageal Reflux Disease), for instance, is one such condition that can lead to the BAC in their stomachs to move upwards, raising the levels of alcohol in their breath. Also, chewing tobacco has raw ethyl alcohol that can interfere with the test results.
Title 17 of the California Constitution requires a 15-minute observation window before conducting a breathalyzer test. The objective of the observation period is to ensure that the driver does not smoke, eat, or drink to clean their breath. However, some oral habits or medical conditions can lead to the presence of mouth alcohol.
If you are facing DUI charges, and the prosecutor used breathalyzer results as evidence, it is essential to speak to a knowledgeable DUI lawyer. At Todd Spodek’s law firm, we understand how breathalyzers can lead to incorrect test results. Our attorneys are well versed with the law and can challenge breathalyzer test results presented in court in your defense.
As a driver, you should be aware of the factors that can give inaccurate breathalyzer results during a DUI investigation. Todd Spodek’s legal team can use any of these factors to refute prosecutor’s evidence against you. If you have been arrested on suspicion of DUI, call us today to discuss your case.
| Factors Affecting Breathalyzer Results |
|---|
| Presence of alcohol molecules in mouthwashes |
| GERD condition and reflex diseases |
| 15-minute observation period |
| Chewing tobacco |
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