Many people seem to believe that breathalyzer tests are infallible. This leads people to believe that anyone who is facing a driving under the influence (DUI) charge must be guilty. This couldn’t be further from the truth. In reality, breathalyzers can and do produce false positives at times for a wide range of reasons. In some cases the unit is malfunctioning, or the test was not properly administered. In many cases, a medical condition results in a false positive.
Auto-brewery Syndrome
Auto-brewery syndrome is a rare metabolic disorder where bacteria living in your body create alcohol. For people with this condition, it is possible for food they eat to be processed into ethanol in their digestive tract. These individuals end up testing positive for being under the influence of alcohol without ever taking a sip. While the condition is rare, it can lead to a charge of impaired driving.
Untreated Diabetes
It is more common for people with untreated diabetes to fail a breathalyzer test. When someone has diabetes that is untreated, their body can be pushed into a condition known as ketoacidosis. Ketoacidosis occurs when your body does not have enough insulin to process the sugar in your bloodstream. The body then starts using body fat as fuel. A side effect of ketoacidosis is the production of acetone which can be present in the breath. Acetone is not intoxicating, but it can result in a false positive on a breathalyzer because it is chemically similar to alcohol. Untreated diabetes can also cause someone to be unsteady or have slurred speech which can also lead to the assumption that someone is driving under the influence of alcohol.
Gastroesophageal-Reflux Disease
Gastroesophageal-reflux Disease (GERD) can also lead to a false breathalyzer test. GERD occurs when stomach acid frequently flows back into the esophagus. The effect of GERD is not the only discomfort for the sufferer but an increase in alcohol in the mouth. When a GERD sufferer provides a breath sample for a breathalyzer test, the air is coming from the mouth as well as deep in the lungs. If GERD has caused alcohol to leak into the mouth, the result could be a false positive.
Contact the Criminal Defense Attorneys at Alpert Schreyer Criminal Defense Attorneys in Maryland for Help Today
For more information, contact Alpert Schreyer Criminal Defense Attorneys to schedule a confidential consultation with a criminal defense attorney. Our team is available to assist clients in Lanham, Frederick, Rockville, Waldorf, Annapolis, and Lexington Park, Maryland.
We proudly serve Prince George’s County, Frederick County, Montgomery County, Charles County and the surrounding areas. Visit our law offices at:
Alpert Schreyer Criminal Defense Attorneys – Lanham Office
4600 Forbes Blvd Ste 201 Lanham, MD 20706
(301) 262-7005
Available 24/7
Alpert Schreyer Criminal Defense Attorneys – Frederick Office
25 E Patrick St #200 Frederick, MD 21701
(301) 381-1993
Available 24/7
Alpert Schreyer Criminal Defense Attorneys – Rockville Office
11140 Rockville Pike 550-J Rockville, MD 20852
(301) 364-3195
Available 24/7