DUI Breath Tests: Why They are Prone to Error

By |2018-11-28T04:47:13+00:00November 27th, 2018|DUI Defense|Comments Off on DUI Breath Tests: Why They are Prone to Error

The modern DUI breath tests administered by law enforcement officers are considered to be a reliable and accurate way to test the amount of alcohol in your body. However, the fact of the matter is that false positive results aren’t very uncommon.

DUIThere are several explanations to why someone who is driving under the legal limit of alcohol produces a breath sample that results in a false positive result. With extremely serious penalties possible if a conviction is made, it is essential you contact an attorney to review your case and to challenge the results of the test that was given. After all, you should not be facing consequences due to a test that isn’t even accurate.

Possible Reasons for a False Positive DUI Breath Test

Some of the most common reasons you may get a false positive when taking a DUI breath test include:

  • Acid reflux: Anyone who suffers from acid reflux, has a drink and then has a breath test may show a blood alcohol concentration that’s much higher than the actual amount of alcohol present in their blood or breath. Any alcohol that has been regurgitated can skew the results from the test.
  • Mints or mouthwash: Another cause of a false positive test is if you have rinsed out your mouth with mouthwash. Doing this can create a higher concentration read out because mouthwash has alcohol in it. Additionally, sugar substitutes and menthol that’s found in mints or gum may also be misread by a breath test machine.
  • Medication: There are certain types of medications that contain menthol or alcohol, including oral analgesics and flu or cold medicines.
  • Diabetes: If you are diabetic, you may receive a false positive result based on your current blood sugar levels when the test is administered. This is because your acetone level may be higher than someone who doesn’t have diabetes.

What to Do if You Think Your DUI Breath Test Resulted in a False Positive Result

As mentioned above, false positive breath tests are much more common than many people realize. If you are in a situation where you believe you may have been a victim of this, the best thing you can do is to reach out to a DUI criminal defense attorney. They can research the facts of your case and help create a defense that shows you were not intoxicated and that the breath test results were not accurate.

It’s a good idea to contact an attorney as early as possible to help with your DUI case. As more time passes, evidence can be lost or forgotten, making it more difficult to prove your innocence. If you contact an attorney in a timely manner, you can have the power of an entire legal team trying to prove that you were not guilty and that you don’t deserve to lose your driving privileges or face the other consequences commonly seen with DUI charges.

If you need help with a DUI case, for false positive test results, or something else, they best thing you can do is reach out to an experienced criminal defense attorney right away. At Schippner Law, P.C., you will have access to an entire team of professionals who are ready to help with your case and situation. Learn more by reaching out to the experienced criminal defense lawyers by calling (404) 480-8708.

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