Can a Breathalyzer Test Be Wrong?

The centerpiece of most DUI cases is the driver’s breathalyzer result. This test will show the level of alcohol in a person’s breath, which is shorthand for the amount of alcohol in their bloodstream. A driver can be convicted of DUI if their blood alcohol content (BAC) is over a certain threshold, regardless of whether they were driving safely.

Blowing a high number might seem like a ticket to an immediate conviction, but can a breathalyzer be wrong? The answer is “yes,” and breathalyzer results are often inaccurate. A Columbus DUI lawyer with Moffitt Law explains more in this post.

Why Breathalyzer Errors Happen

A breathalyzer can give an erroneous reading for the following reasons:

• Miscalibration. These machines need to be regularly calibrated so they provide accurate readings. Police often calibrate according to a schedule, but some officers are more lax than others, while some police stations calibrate the machine improperly. The result? Inaccurate readings.
• Mouth alcohol. Some drivers have alcohol in their breath but not in their bloodstream. This is a common reason for a false positive breathalyzer result. For example, the alcohol might come from mouthwash that you just used, which leads to a high number even though you have not consumed any alcohol.
• Acid reflux. This is another reason why there might be alcohol in your mouth, leading to a false positive breathalyzer reading. You could have only recently drunk some alcohol, which has not yet been absorbed into your body.
• Acetone in the mouth. You might have high acetone in your mouth due to medical reasons. Some breathalyzers misinterpret acetone as alcohol, leading to an artificially high BAC reading.
• Officer error. The officer could administer the test incorrectly by not having the motorist blow long enough. However, this is likely a reason why your BAC is lower than it otherwise would be. In other words, officer error often works in a defendant’s favor.
• Delayed testing. The longer an officer waits to test, the more skewed the results. The results will not show your BAC when you were arrested, which is the only relevant fact. After a few hours, your BAC might rise (after recently consumed alcohol is absorbed), or it could fall (as your body clears the alcohol).

These are some of the most common reasons why your breathalyzer reading might be artificially high. Contact our office so we can discuss your situation.

How Often Are Breathalyzers Wrong?

There are different studies on this subject. One study showed that with proper calibration, breathalyzers are off by about 0.01% on average. That means a 0.08% reading might really be 0.07% (or 0.09%).

One study out of the United Kingdom found that certain breathalyzers for sale to the public were wrong 3 out of 4 times! Meanwhile, other models delivered false results around 10% of the time. These models are not like the ones used by police in Georgia. Nonetheless, they show that not all breathalyzers are 100% accurate.

Challenging Test Results in Georgia

At Moffitt Law, we sometimes challenge BAC readings when we have solid grounds for doing so. We often request information regarding the specific machine used to test you. We can also ask the officer questions under oath to determine if they calibrated the machine and when.

Let us review the facts. Share with your attorney whether you have any medical conditions that might result in a high BAC. A disappointing result does not mean you will be automatically convicted.

Other Challenges to Breath Test Results

It is possible to win a DUI case even if you blew a high number. For example, the officer might have lacked a legitimate reason to stop you in the first place. If so, then we can ask a judge to toss the case because of an unconstitutional stop. Judges should dismiss cases in situations like this to uphold the constitutional limits on the police.

We might also argue that you were not really driving. Sometimes, the police show up at an accident scene when all occupants from a vehicle are standing outside. The officer might assume you were the driver because you are standing closest to the driver’s door. It’s not illegal to be a drunk passenger.

Speak with Our Columbus DUI Attorney in a Private Consultation

A DUI arrest is serious. Any motorist accused of drunk driving should hire a law firm to defend them from the charges. At Moffitt Law, LLC, we can aggressively pursue all avenues for discrediting the breath test results or challenging the legality of the stop. We have secured favorable outcomes for our clients, including plea deals. Contact us today. We have defended those arrested in the 31901 zip code.