The breathalyzer test is one of the most important pieces of evidence used against someone who is accused of driving under the influence. These devices are designed to measure the amount of alcohol in a person’s breath and estimate blood alcohol concentration (BAC). An experienced team like the Rosenstein Law Group knows how to uncover hidden flaws in breathalyzer testing that can make a crucial difference in the outcome of a DUI case.
Here’s a closer look at how breathalyzer errors happen—and how DUI attorneys use them to build a defense.
Device Calibration And Maintenance Issues
Breathalyzer devices must be routinely calibrated and properly maintained to ensure accurate readings. These machines are highly sensitive and can easily provide faulty results if not handled correctly.
Attorneys will often request maintenance and calibration logs for the breathalyzer used in the arrest. If the records show a lack of proper servicing or infrequent calibrations, the results of the test can be called into question. This may occasionally result in the breathalyzer evidence being completely disregarded.
Operator Error And Inadequate Training
Even the most advanced breathalyzer cannot compensate for human error. When conducting breath tests, law enforcement officials must adhere to certain protocols, which include keeping an eye on the suspect for a while prior to the test and making sure no drugs will affect the results.
If an officer lacks proper training or fails to follow these procedures exactly, it opens the door to a strong legal challenge. An attorney will carefully analyze the arresting officer’s actions, looking for deviations from the required protocol that might have led to an unreliable result.
Impact Of Medical Conditions And Diet
Certain medical conditions and dietary habits can influence breathalyzer results. For example, individuals with acid reflux, diabetes, or low-carb diets may produce breath alcohol levels that are falsely high due to the presence of ketones or mouth alcohol.
A skilled DUI defense attorney will inquire about the accused’s health history and lifestyle to determine if a medical explanation may have skewed the test results. If so, this factor can be presented in court to cast doubt on the breathalyzer’s accuracy.
Mouth Alcohol Contamination
Breathalyzers are designed to measure deep lung air, not residual alcohol from the mouth. However, if a person has recently used mouthwash, breath spray, or taken certain medications, it can leave alcohol residue in the mouth, leading to a falsely elevated BAC reading.
Attorneys know to ask whether the suspect consumed anything shortly before the test. If mouth alcohol contamination is possible, they may argue that the reading does not accurately reflect the individual’s true BAC.
Environmental Factors And External Substances
Believe it or not, external factors like paint fumes, gasoline vapors, or exposure to cleaning chemicals can interfere with breathalyzer results. These substances can be present in a person’s environment and may cause the device to detect alcohol where none exists.
A diligent DUI lawyer will investigate the testing environment to identify whether such interference could have taken place. Any inconsistencies between the arrest environment and proper testing conditions can provide grounds for challenging the evidence.
Timing Of The Test
Blood alcohol levels can rise or fall over time, depending on when the last drink was consumed. If a breathalyzer test is administered too soon or too long after driving, it may not reflect the person’s BAC while they were actually operating the vehicle.
Attorneys often look at the timeline of events to argue that the test was conducted at a time that doesn’t accurately represent impairment during driving. This can significantly affect how the court interprets the results.
Conclusion
Breathalyzer tests are not the definitive proof of impairment that many assume them to be. These machines are vulnerable to a wide range of errors—from mechanical failures to biological factors—and a skilled DUI attorney knows how to identify and challenge each one. By questioning the accuracy and reliability of the test, lawyers can often weaken the prosecution’s case and protect their clients from unjust penalties. Understanding breathalyzer errors isn’t just technical—it’s strategic. In the hands of the right legal advocate, it could be the key to a more favorable outcome.
