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Can you challenge the results of a breathalyzer test?

On Behalf of | Jul 9, 2024 | Criminal Defense

If you are facing a potential DUI charge, it is important to understand how breathalyzers work and the accuracy of their results. Law enforcement officers often use breathalyzers to estimate your blood alcohol content (BAC) during roadside stops. If your BAC exceeds .08%, you may face charges.

It is important to remember that breathalyzer results may not always be accurate. Factors that may influence the accuracy of these tests, potentially leading to misleading outcomes. You may get the chance to challenge the results, especially if you believe you have not consumed enough alcohol to warrant a DUI charge.

Factors that may affect breathalyzer results

Your diet

Breathalyzers might be unable to tell the difference between alcoholic beverages and certain foods. Eating ripe fruits, protein bars, or dairy products shortly before a test may affect the results’ accuracy.

Additionally, specific diets, such as the famous ketogenic diet, can induce a state of ketosis. This causes your body to produce ketones. The chemicals produced may register as alcohol on the testing device, which may make the reading inaccurate.

Underlying medical conditions

Specific health issues may significantly affect breathalyzer results. Conditions such as indigestion, acid reflux and gastroesophageal reflux disease (GERD) cause acids to form in your stomach. The testing equipment might misinterpret these acids as ethyl alcohol. This may result in falsely elevated BAC readings. Furthermore, some medications may interfere with the test’s accuracy. This can potentially lead to misleading results.

If you can prove that your breath test results are unreliable or inaccurate, there is a chance you may avoid facing DUI charges. Challenging the breathalyzer results may be an effective strategy to consider when building your defense against drunk driving allegations.

When facing DUI charges, it is important to remember that you have options. You may want to consider consulting with an experienced DUI attorney who can help you understand your rights and potentially challenge the validity of your breath test results.