Fort Lauderdale Inaccurate Breath Testing Attorneys
If you have been charged with driving under the influence, there is a very good chance the police officer that pulled you over asked you to submit to a breath test. These tests use intoxilyzers, more commonly known as breathalyzers, to measure your blood alcohol concentration (BAC).
There are many reasons why the test may show you have a BAC over the legal limit of 0.08 percent, and one study even found that these tests have a 50 percent margin of error. If you have been charged with a DUI after taking this test, our Fort Lauderdale inaccurate breath testing attorney can help prove your case.
Breath Testing is Inaccurate Due to Poor Calibration
Breathalyzer machines must be properly calibrated and maintained regularly in order to give accurate results. Law enforcement officers should also check their devices regularly to ensure they are accurate. Officers must also receive certification to use the device, and two readings that are within 0.02 percent of each other must be obtained. When these requirements are not fulfilled, the results of the breathalyzer test can be thrown out of court.
Breath Testing is Inaccurate Due to Electronic Interference
It is not uncommon for radio frequency transmissions to interfere with breathalyzer devices, which can result in a false positive. Police radar units, hand-held police transmitters, teletypes, car radios, and station dispatchers are all just some of the most common types of electronics that cause interference with the breathalyzer devices. Even when a breathalyzer device is fitted with an RFI detector, the results of the breath test may still be inaccurate.
Breath Testing is Inaccurate Due to Some Health Conditions
People suffering from certain health conditions may also face charges for drunk driving after taking a breath test, even though they are not intoxicated. For example, diabetes is known to increase acetone levels in the body. A breath test cannot detect the difference between acetone and ethyl alcohol in the body. As a result, someone with diabetes that takes a breath test may receive a false positive.
Additionally, gastroesophageal reflux disease (GERD) can cause alcohol that has not yet been digested to be pushed back up the digestion system. This can result in a higher concentration of alcohol on the breath, even though the driver is not impaired.
Breath Testing is Inaccurate Due to Chemical Exposure
Breathalyzers do not actually measure the amount of alcohol in the blood. Instead, they measure the amount of alcohol on the breath, and then a formula is used to calculate an estimate of the person’s BAC. However, these devices cannot distinguish between alcohol and certain chemicals, such as varnish, oil-based paint, paint remover, and more. People that work around these chemicals may still have some on their breath, which can lead to an inaccurate result.
Our Fort Lauderdale Inaccurate Breath Testing Attorney Can Advise on Your Case
If you have been charged with a DUI, there are many factors that can impact the results of your breath test. At Meldon Law, our Fort Lauderdale breath testing is inaccurate attorney will challenge the results of your test in an effort to help you beat the charges. Call us today at 800-373-8000 or fill out our online form to schedule a free consultation.
