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Breathalyzer tests play a crucial role in DUI (driving under the influence) arrests. These devices measure blood alcohol concentration (BAC) to determine if someone is driving while intoxicated. Even though breathalyzers are widely used, they are not always perfect.
There are several reasons why the results might not be accurate. Knowing that all hope is not lost is important if you’ve failed a breathalyzer test. Many factors can impact the test’s reliability, and our DUI lawyer in Denver, CO, at the Law Offices of Steven J. Pisani, can help you challenge these results in court.
Several elements can affect the accuracy of a breathalyzer reading. Below are some common issues that may lead to false or misleading results.
Breathalyzer devices require regular calibration to function properly. If the machine hasn’t been calibrated correctly, it might give a higher or lower BAC reading than it should. Law enforcement is supposed to ensure that the device is calibrated correctly, but this doesn’t always happen.
If your test was taken with a poorly calibrated machine, the results could be inaccurate. In these cases, an experienced DUI lawyer near me in Denver can request calibration records to see if the device was maintained as required.
Even the best machines can malfunction from time to time. Like any electronic device, breathalyzers may have technical issues, such as faulty sensors or software glitches. If the device is malfunctioning, the test results could be unreliable.
Denver criminal defense attorneys for DUI have the knowledge to review maintenance logs and check for signs of malfunction.
Surprisingly, the environment around you can also impact breathalyzer results. For example, high temperatures or humidity can affect the machine’s accuracy.
Additionally, substances like paint fumes, gasoline, or even certain cleaning agents in the air could skew results. Our Denver DUI defense lawyer can help investigate whether environmental factors affect your test results.
Sometimes, a person’s medical conditions can lead to falsely elevated BAC readings. Let’s look at how this happens.
Breathalyzers are designed to measure deep lung air, not alcohol from the mouth. However, if you’ve recently used mouthwash, breath spray, or cough syrup, it could leave traces of alcohol in your mouth, leading to an inaccurate reading. In these situations, a top-rated Denver DUI attorney may question whether mouth alcohol influenced your results.
People with conditions like GERD (gastroesophageal reflux disease) may experience what’s known as “mouth alcohol” from stomach acid being pushed up into the throat. This can interfere with the breathalyzer test, producing a falsely high BAC reading.
If you suffer from a condition like GERD, it’s important to bring it up with your criminal defense lawyer for DUI in Denver.
Individuals with diabetes who experience ketoacidosis—a condition where the body produces high levels of blood acids—may also get false positives on a breathalyzer test. The ketones produced during ketoacidosis can mimic alcohol and trick the breathalyzer into thinking there’s alcohol in your system when there isn’t.
A knowledgeable Denver drunk driving defense attorney can bring in medical experts to explain how these conditions might have affected your results.
Even if the breathalyzer device functions properly, human error can still cause inaccurate results. Testing procedures must be followed carefully; when they aren’t, the test may not be valid.
Not all officers are properly trained to administer breathalyzer tests. If they don’t follow the correct procedure, it can lead to inaccurate results. For instance, officers must observe you for a specific time before administering the test.
During this observation period, they need to ensure you do not vomit, burp, or put anything in your mouth, as these actions can affect the test. If the officer didn’t follow proper protocol, a Denver DUI defense lawyer can challenge the validity of the results.
There’s also an ideal window for when the test should be taken after you’ve been stopped. If the test is administered too soon or late, it could provide an incorrect BAC reading. The timing of your test could be a key factor in your defense, and our best DUI lawyer in Denver will carefully examine the details.
Failing a breathalyzer test doesn’t automatically mean you’re guilty of DUI. There are multiple ways to challenge the results, especially with the help of an experienced DUI lawyer near me in Denver.
Your attorney can request the calibration and maintenance records of the breathalyzer device. If the device wasn’t maintained properly, it could result in a faulty test, which can be used as evidence in your defense.
Sometimes, medical experts can be called upon to explain how certain conditions, like GERD or diabetes, may have impacted your breathalyzer results. By questioning the reliability of the test, these experts can cast doubt on the accuracy of the evidence against you.
In addition to breathalyzer tests, there are other ways to measure BAC, such as blood tests. Blood tests are often more reliable and can provide a more accurate picture of your alcohol levels. If there’s a discrepancy between the breathalyzer and the blood test, it can be a strong point of defense in court.
Breathalyzer tests may seem like a sure way to determine if someone has been drinking, but as you can see, they aren’t always reliable. Calibration issues, environmental factors, medical conditions, and even officer error can all lead to inaccurate results.
If you’ve failed a breathalyzer test, don’t lose hope. With the help of a skilled DUI lawyer in Denver, CO, you can challenge these results and build a strong defense.
Contact the Law Offices of Steven J. Pisani today for a consultation with a top-rated Denver DUI attorney who can guide you through the legal process and fight for your rights.
