If you have been arrested for or even charged with Driving Under the Influence (DUI) but believe the breathalyzer test results were in error, you could actually be correct. Although used commonly and typically very accurate, the small devices can, unfortunately, be fooled by several different circumstances.
The McConnell Law Firm in Wichita, Kansas, has compiled the most common reasons a breathalyzer test could show a false-positive result.
Factors Affecting Breathalyzer Accuracy
Mouthwash
Many people use mouthwash on a daily basis, which often contains a fairly high level of alcohol. Although obviously not causing true inhibition, the alcohol may remain in your mouth for a while and could fool a breathalyzer into showing an elevated blood alcohol level.
Medications
Similar to mouthwash, if a medication containing menthol has been applied directly to the inside of your mouth, a breathalyzer could be unable to distinguish the menthol from normal alcohol. Unfortunately, many common colds and flu medications contain menthol, and some cold or flu symptoms could make you appear to be intoxicated.
Hypoglycemia
Individuals with diabetes who experience a dip in sugar levels may have a high acetone level on their breath. Acetone is similar to alcohol, so its presence can cause a false blood alcohol content reading.
Breathalyzer Maintenance and Calibration
Breathalyzers must be maintained regularly and carefully calibrated to give consistent, accurate results. If any mistakes are made in these processes, the test results could be inaccurate, which is why we often request all maintenance logs associated with the breathalyzer in question.
We Can Help With Your DUI Arrest or Charge
Whether you believe your breathalyzer results were inaccurate or not, every case is different, and no conclusions should be drawn without first consulting an attorney about the specifics of your case.
Founded by Jonathan W. McConnell, the McConnell Law Firm in Wichita, Kansas, specializes in DUI cases. Regardless of where you are at in the process— DUI arrest, charge, conviction, or even probation— we may be able to help you seek a better outcome.
We invite you to contact our DUI defense team today for a free consultation. We look forward to helping you!
