Breathalyzer Test
When police officers pull a driver over for suspicion of drunk driving, the breathalyzer is one of the most common tools used to determine whether the driver was in fact driving under the influence. A driver must blow into the breathalyzer test, which then determines the driver’s blood alcohol content.
Unfortunately, using a breathalyzer may result in false positives due to a number of factors that can throw the machine off. Below are some of the more common factors.
Metabolism and Breathalyzer Test
Your metabolism rate can also adversely affect a breathalyzer reading. For example, if your metabolism is slow, then your body may take longer to absorb the alcohol, and the breathalyzer reading may appear to be higher than the actual amount of alcohol in your blood stream.
Residual Alcohol in the Mouth
The breathalyzer is made to detect alcohol in the mouth. Unfortunately, the machine cannot distinguish when the driver consumed the alcohol. Thus, traces of alcohol in the mouth, absorbed from food in between the teeth or even mouthwash may show a higher reading of blood alcohol content.
Rules for Breathalyzer Use and Allowable Mistakes by Law Enforcement Officers
It is important to understand that there are strict rules regarding the use of a breathalyzer by law enforcement officers. Failure to follow these rules may be grounds for excluding the test results from evidence in court. For example, a police officer must observe a suspect for at least 15 minutes before administering the test. During this time, the driver may not:
- Eat
- Drink
- Smoke
- Vomit
Violation of this requirement may result in erroneous results as residual alcohol may distort the readings. In addition, the officer must be certified to use the device. And the device itself must be registered and tested for proper functioning. Otherwise, the defense attorney may question the validity of the data obtained.
Blood Chemical Test as Alternative Evidence
In the event of a dispute over the accuracy of a breathalyzer reading, a second chemical blood test is available. This method is considered more accurate and can reveal discrepancies between the reading and the actual blood alcohol content. If the blood test shows a lower alcohol level, it can be used in court in the defendant’s favor.
An attorney may also request access to the maintenance records of a particular instrument. If you don’t calibrate the instrument on time, the court may rule the evidence inadmissible.
The Right to Refuse Testing
Although California adheres to the principle of implied consent to take a breathalyzer test, a driver has the right to refuse to take the test. However, doing so may result in administrative consequences. Including automatic license suspension for up to one year. At the same time, refusal can be used as an argument against the driver in court, although it is not direct evidence of guilt.
If you suspect that the breathalyzer was defective, the presence of a refusal does not deprive you of the right to defend yourself. A qualified attorney will be able to present arguments on your behalf and minimize possible risks.
Violation of Constitutional Rights During a Traffic Stop
You should also consider whether your rights were respected during the stop. If the police did not have a reasonable basis for the stop, any evidence subsequently obtained may be considered inadmissible. For example, the lack of evidence of a traffic violation may be grounds to challenge the legality of the police action.
Driver has Health Issues
Certain health issues of a driver may throw a breathalyzer test off and show a false high blood alcohol content. For example, a driver with diabetes experiencing hyperglycemia, or high blood sugar, may trigger a false high blood alcohol content on the breathalyzer.
Breathalyzer Machine Malfunction
Authorities must properly maintain the breathalyzer to produce accurate results. This means that authorities must constantly recalibrate breathalyzers. Thus, should a police officer fail to calibrate the machine, false high blood alcohol content may result.
Glendale DUI Attorney
If the police accused you of driving under the influence based on a breathalyzer reading, don’t give up. There are numerous circumstances that can affect the validity of the test results and the course of a criminal case. The attorneys at KAASS LAW can help you analyze the legality of the test. call (310) 341-711 for a consultation. Our DUI attorneys will help determine your case and whether you have any feasible defenses.