Challenging Breathalyzer Test Results: A Comprehensive Guide

Breathalyzer tests have become a crucial tool for law enforcement agencies to measure blood alcohol content (BAC) and determine if a driver is under the influence of alcohol. Despite their widespread use, these tests are not infallible and can produce inaccurate results. This can lead to unjust charges of driving under the influence (DUI) or driving while impaired (DWI). Understanding how to challenge these results can be vital for anyone accused of such offenses. At Alpert Schreyer, LLC, we recognize the significant impact a DUI conviction can have on your life, and we are committed to helping you fight unjust charges.

Understanding Breathalyzer Tests and Their Purpose

Breathalyzers work by measuring the amount of alcohol in a person’s breath, which is then used to estimate their blood alcohol concentration. Law enforcement officers use these tests during traffic stops to determine whether a driver is over the legal BAC limit. Although breathalyzers provide a quick and non-invasive method to assess intoxication, the results are not always accurate. Many factors can lead to false positives or erroneous readings, making it essential to challenge the results when discrepancies arise.

The legal BAC limit varies from state to state, but in most places, it is set at 0.08 percent for drivers over the age of 21. For commercial drivers, the limit is typically 0.04 percent, and for drivers under 21, any detectable amount of alcohol can result in charges. Breathalyzer tests are designed to be simple to administer and interpret, but this simplicity often masks their potential for error.

This is not the first time that I need it the services of Alpert Schreyer Poe law firm . I had a previous DUI charge not even three months ago and got another one and that’s what brought me back. In each case ,the law firm came through for me after having three DUIs. The law firm was able to talk to the states attorney and all I received was the ankle bracelet and breathalyzer in two years probation. I highly recommend this law firm. They seem to care about their clients more than just hours on a job. If there’s anyone that needs trouble that I can help I would give them the card that they gave me which was a lifesaver. A very special thanks to Michael Berman who performed outstanding.”

- Kenneth T.

Factors Leading to Inaccurate Breathalyzer Results

Numerous factors can cause breathalyzer tests to produce inaccurate results. Understanding these factors can provide a basis for challenging the test results in court. One primary factor is the calibration of the device. Breathalyzers must be regularly calibrated and maintained to ensure accurate readings. If a device is not properly calibrated, it can lead to false high readings.

Another common issue is the presence of certain substances in the mouth that can affect the test results. Residual mouth alcohol from mouthwash, breath sprays, or even certain medications can lead to inflated BAC readings. Additionally, medical conditions such as acid reflux or diabetes can impact the results. These conditions can produce ketones in the body, which the breathalyzer may mistake for alcohol.

Human error is also a significant factor. Police officers must be adequately trained to operate breathalyzer devices correctly. Mistakes in administering the test, such as failing to observe the subject for a required period before testing, can invalidate the results. Lastly, environmental factors like temperature and humidity can also affect breathalyzer accuracy, although these are less commonly cited.

Legal Grounds for Challenging Breathalyzer Results

Challenging the results of a breathalyzer test can be complex, but there are several legal grounds upon which a defense can be built. One of the most common strategies is to question the accuracy and reliability of the breathalyzer device used. This can involve examining maintenance records and calibration logs to find inconsistencies or lapses in proper device upkeep.

Another approach is to question the circumstances surrounding the administration of the test. This can include whether the officer had probable cause to stop the vehicle and administer the test, as well as whether the test was conducted following legal protocols. If the test was administered incorrectly or without just cause, it could be grounds for dismissal of the charges.

Furthermore, defendants can challenge the interpretation of the test results. Breathalyzer devices estimate blood alcohol content based on breath alcohol concentration, and there can be discrepancies between these two measurements. Testimony may be used to highlight the potential inaccuracies in this estimation process, leading to questions about the validity of the charges.

Related Videos

The Role of Medical Conditions in False Positives

Medical conditions can play a crucial role in producing false positive breathalyzer results. Conditions like gastroesophageal reflux disease (GERD) or diabetes can introduce substances into the breath that mimic alcohol. For instance, GERD can cause alcohol from the stomach to rise into the mouth, leading to an elevated reading. Diabetics can produce acetone in their breath, which some breathalyzer devices may incorrectly interpret as ethanol.

Furthermore, some individuals may have a naturally higher breath alcohol concentration due to specific metabolic conditions. Understanding these medical factors can be instrumental in building a defense against DUI charges based on breathalyzer results. Medical records and testimony can be used to substantiate these claims, providing a credible basis for challenging the test results.

Procedural Errors in Administering Breathalyzer Tests

Procedural errors in administering breathalyzer tests can significantly affect their validity. Officers must adhere to strict guidelines when conducting these tests to ensure their reliability. For example, they are often required to observe the suspect for a specific period before administering the test to ensure that no residual alcohol remains in the mouth.

If the officer fails to follow these procedures, it can lead to inaccurate readings. Moreover, the failure to administer the test in a timely manner after a traffic stop can also impact the results, as BAC levels can change rapidly over time. These procedural errors can be grounds for challenging the breathalyzer results and potentially having the charges dismissed.

Verdicts & Settlements

DUI

All Charges Dropped

Found in his parked car with a friend and some open bottles, our client was facing a fourth DUI offense, along with 3 years of prison time and 2 more for probation violation. We didn’t back down in court, and the state dropped all charges after a short recess. Our client did not receive jail time, points, or probation – and he only paid a $50 fine.

DUI

Probationary Deal on a Second Offense

Our client had a .18 BAC in a notoriously heavy-handed jurisdiction, Harford County, where people can easily do 60 days active time on a second offense. Our firm negotiated a plea deal for our client that achieved no conviction, no points, and no jail. The Judge was incredibly impressed with the mitigation package we presented on behalf of client, who was very pleased with the results.

DUI

No Jail Sentence

Our firm secured a no-jail sentence for our client from a very tough Judge in Frederick County. Our client blew a .20 on a third offense, and the prosecutor was asking for active jail time. The Judge said the mitigation package we devised for the client made all the difference and led him to ignore the prosecutor’s jail recommendation in favor of just probation.

DUI

Charge Reduced

One of our DUI clients was facing up to 1 year in jail if convicted, plus $1000 in fines, 12 points on her driving record, and 3 years of supervised probation. By negotiating with the prosecution, we were able to secure a much better result. Our client did not receive a conviction, points, or jail time – instead, she paid only a few hundred dollars and received 1 year of unsupervised probation.

DUI

Not Guilty

After his fifth DUI charge, our client was facing up to 3 years in prison for a conviction. By showing that the field sobriety test result was affected by the client’s disability, our defense attorneys were able to secure a “not guilty” verdict on all counts, after the jury deliberated for only 12 minutes.

DUI

Probationary Deal on 6th Offense

After being arrested for their sixth DUI, our client faced 3 years in jail, up to $3,000 in fines, and a system inclined to award maximum penalties to repeat offenders. Our team managed to secure a probationary deal with no jail time for this client.

View More Results

The Importance of Legal Representation

Navigating the complexities of DUI charges and challenging breathalyzer test results requires a thorough understanding of both the legal and technical aspects involved. Having experienced legal representation is crucial in building a robust defense. An attorney can investigate the circumstances of your case, identify potential weaknesses in the prosecution’s evidence, and develop a strategy to challenge the breathalyzer results.

An attorney can also negotiate with prosecutors to potentially reduce charges or penalties and represent you in court to advocate for your rights. At Alpert Schreyer, LLC, we are committed to providing our clients with the knowledgeable and dedicated representation they need to fight unjust DUI charges.

Building a Defense Strategy

Building a defense strategy against DUI charges involves a comprehensive examination of all evidence and circumstances surrounding the case. The first step is to obtain all records related to the breathalyzer test, including maintenance logs, calibration records, and the officer’s training records. These documents can provide insight into potential issues with the device or its operation.

Next, the circumstances of the traffic stop and the administration of the test should be scrutinized. This involves reviewing police reports, witness statements, and any available video footage to identify procedural errors or lack of probable cause. Additionally, medical records and testimony can be used to challenge the validity of the breathalyzer results, particularly if there are medical conditions or other factors that could have affected the reading.

Finally, it is essential to consider alternative explanations for the breathalyzer results. This might involve demonstrating how environmental factors, dietary habits, or other substances in the mouth could have influenced the test. By presenting a well-rounded defense, it is possible to cast doubt on the prosecution’s case and achieve a favorable outcome.

Potential Outcomes of Challenging Breathalyzer Results

Successfully challenging breathalyzer test results can lead to various outcomes, depending on the specifics of the case. In some instances, it may result in the complete dismissal of DUI charges if the court finds that the breathalyzer results are unreliable or that proper procedures were not followed.

In other cases, successfully challenging the results might lead to reduced charges or lesser penalties. For example, a DUI charge might be reduced to a lesser offense if it can be demonstrated that the BAC reading was inaccurate or that there were mitigating circumstances. Even if a complete dismissal is not achieved, reducing the severity of the charges can significantly impact the penalties and consequences faced by the accused.

The Importance of Prompt Action

Challenging breathalyzer test results is time-sensitive, as evidence can become less reliable or unavailable as time passes. It is essential to act quickly to secure legal representation and begin the process of building a defense. Prompt action allows for a thorough investigation of the case and helps ensure that all potential evidence and witnesses are available.

If you are facing DUI charges based on breathalyzer results, contact Alpert Schreyer, LLC, as soon as possible. Our team of dedicated attorneys will work tirelessly to defend your rights and pursue the best possible outcome for your case.

Defend Your Rights: Contact Us Today

At Alpert Schreyer, LLC, we are committed to helping individuals navigate the legal system and challenge unjust DUI charges. Our experienced attorneys understand the intricacies of breathalyzer tests and the various factors that can impact their accuracy. If you or a loved one is facing DUI charges, do not hesitate to contact us for a consultation. We will work diligently to protect your rights and help you achieve a favorable outcome in your case.