3 Reasons a DUI Breath Test May be Wrong

Lerner & Rowe Law Group
skilled Phoenix DUI Attorney
Our Phoenix DUI attorney will be here to help you emerge from this nightmare with minimal penalty.

A DUI is a serious criminal charge with potentially crippling ramifications. You could lose your license causing you to end up relying on friends, family and public transportation to get around town. You might even have to spend time in jail. If charged with DUI, do not panic.

Ally with our Phoenix DUI attorney and we will do everything possible to prove your innocence and also keep your inconvenience to a minimum. One of the many ways to combat a DUI charge is to challenge the scientific testing used to determine your blood alcohol content (BAC). Often your BAC is determined through a breath test.

Faulty Calibration

Breathalyzers are temperamental pieces of equipment. If the officer does not regularly calibrate the breathalyzer to ensure it functions as designed, it will not provide an accurate reading of one’s blood alcohol level. If proven that the breathalyzer used in your DUI test was improperly calibrated, the results may not be used as evidence against you.

Even the manner in which the breathalyzer test is administered matters. Everything from the amount of time the officer waits to administer the test to whether he observed you during the required deprivation period can jeopardize the legitimacy of the test results. Rest assured, our top DUI attorneys know how to review and analyze the breathalyzer’s calibration records to determine if the machine was in proper working order.

Medication or Health Conditions

Certain health conditions and medications also have the potential to affect DUI test results. As an example, acid reflux causes the stomach to regurgitate stomach acid into the esophagus, spurring heartburn. Additional vapor, gases and also undigested alcohol often push against the digestive track and move upward with the acid causing an inaccurate test result. Even diabetes can also cause a faulty blood alcohol level reading. Diabetes sometimes increases acetone levels within the human body. Breathalyzers can’t distinguish between alcohol and acetone.

Hygiene and Diet

Proper hygiene and a nutritious diet can lead to an arrest for DUI. Plenty of mouthwashes have ethanol; the same alcohol used in alcoholic beverages. If you use mouthwash and the police subsequently stop you and administer a DUI test, you might blow a false positive. Even a low-carb diet can cause a false positive. Consuming few carbohydrates causes the body to enter a state of ketosis; in which it relies on fat instead of sugars to produce energy. The ketones produced by the body in such a state can also spur a false positive.

Our Phoenix DUI Attorney Will Fight Your DUI Charge

Do not assume your DUI charge will stick regardless of what you do. Countless DUI charges can reduce for the reasons outlined above or even have complete dismissals. Our Phoenix DUI attorney will be here to help you emerge from this nightmare with minimal penalty; or drop your DUI charges.

If you have been accused of a crime, contact an experienced Phoenix criminal defense lawyer at the Lerner & Rowe Law Group for a FREE consultation. We offer affordable and also flexible payment plans. Our criminal defense attorneys are available 24 hours a day, 7 days a week to take your call. You can reach us by calling 602-667-7777. So, don’t wait.