6 Reasons why the DUI breath test may give a false positive

Most experts agree that Breathalyzer have some margin of error inherent and can yield results of breath with an error of between 0.005 and 0.02 percent BAC. The following six scenarios can increase the margin of error dramatically and can potentially result in a false positive for DUI. Surely your DUI lawyer the scan all to build their defense.

Maybe the team is not calibrated correctly

The police must follow specific guidelines for maintaining their Breathalyzer. Failure to do so may result in equipment offers misreading’s. If you can show that had spent more than 10 days or 150 uses without recalibration, you can offer significant doubt on the results of blood alcohol level in court.


Your diet may have affected the outcome

You may fool the Breathalyzer if you have acetone in the breath because it is confused with alcohol. If you are on a low carb diet, your body may be burning fat for energy, resulting in the production of ketones and then acetone. Such acetone can reach the breathing, which can contribute to a high reading in the BAC.

Your medical condition may affect the outcome

People with gastrointestinal reflux, heartburn or acid reflux can give falsely high readings in alcohol due to the flow of stomach acid into the esophagus and / or mouth. People with uncontrolled diabetes can also give high readings due to alcohol acetone produce their product of incomplete digestion bodies.

His blood alcohol was rising

Alcohol can take anywhere from 50 minutes to 3 hours to fully absorbed into your system. This means that during the period immediately after drinking, the alcohol in the blood is “on the rise”, meaning it will absorb more alcohol. It is possible that your BAC was within the legal limit while you were driving, but that after his arrest to rise enough to be above the limit. In this case, the test does not prove that he was intoxicated when he was driving.

Who he performed the test result it allowed contaminated

Acetone paint, external alcohol cleaning agents or residual alcohol from a previous test, can sometimes interfere with the results of a breath test. Normally, there are security measures to prevent this, as do a test with ambient air between each breath test to ensure that a reading of 0.0 and / or use of a new mouthpiece for each test is obtained. However, if the test operator does not perform or does not register an air test, a “white” or not using a new nozzle, this could open the door to the possibility of a claim for environmental pollution.