You have been pulled over by a police officer. The officer suspects you of driving while intoxicated and arrests you. At some point you take a breathalyzer test. The test shows that your blood alcohol level is above .08%, which is the legal limit to drive. This sounds like an open and shut case, but in fact breathalyzer tests can be wrong. Challenging the results of a breathalyzer test is a legitimate defense to a DWI, especially when those results are the only solid evidence against you.
Breathalyzer tests can be wrong for a variety of reasons. Breath tests can show false positives for drivers that suffer from acid reflux. This condition can cause alcohol that has not yet been absorbed by the stomach to be pushed into a person’s throat or stomach. Breath tests work by testing the alcohol expelled by a person’s lungs, so the presence of this additional alcohol greatly distorts the results. People with certain diets, that work or were exposed to certain chemicals, or that use an inhaler are also at risk of producing inaccurate breath test results. In some cases, the breath testing machine is faulty, or the evidence was otherwise contaminated by equipment or police error.
If you have been charged with DWI and the prosecutor is attempting to prove the case against you with breathalyzer test results, it is crucial that you consult with an experienced criminal defense attorney. A DWI defense based on challenging breath test results may be viable. If you have questions about this defense or would like to discuss your case, please contact us for more information.
DISCLAIMER: The information contained in this article does not constitute an attorney-client relationship. Please contact attorney Kirk Anderson for an initial consultation.