Breathalyzer Tests Are Not Always Accurate. Talk to An Attorney.
A breathalyzer is a device that measures an individual’s blood alcohol content (BAC) via a breath sample.
Police typically administer breath tests with portable roadside units that they use as evidence in DUI cases.
If the breathalyzer test is considered reliable and admissible, a reading of 0.08 or higher is considered presumptive evidence of DUI.
Can You Fight a Breathalyzer Test DUI?
Challenging breathalyzer results is possible, as these tests are often based on assumptions that do not apply to everyone.
Many breathalyzers assume that the tested individual is an “average” person and do not take into account variations in sex, height, weight, metabolism and whether that person has just eaten.
Many breathalyzer tests assume a specific ratio (2100:1) between BAC and breath alcohol content in order to make its conversions.
An actual ratio for an individual may vary between 1700:1 and 2400:1, a reading of 0.08 could the actually mean a BAC of 0.065 – .09.
This significant gap could be all the difference in a DUI case since a reading of 0.065 would also require further evidence of impairment, often in the form of field sobriety tests.
Talk to a DUI Attorney if You Failed a Breath Test and Were Charged with a DUI
The bottom line is that breathalyzer tests are not always accurate.
If you’ve been charged with a DUI and submitted to a breath test, you may still be able to challenge your result.
You may be able to refute a breathalyzer test by showing that you’re not the “average” person and that the standard formulas of conversion do not apply.
You may also submit new evidence:
- recent exposure to chemical compounds containing alcohol.
- improper handling of breath sample.
- breathalyzer device is defective.
In some states, you may demand an independent test of your breath sample.
This may counter the presumption of DUI if it delivers results that are greatly different from the original breathalyzer test.
If you’ve been charged with DUI and failed a breathalyzer test, talk to a DUI attorney today.
Speaking with a DUI lawyer is one way to assess your situation and determine if any breathalyzer challenges may be applicable in your case.
To speak with a DUI lawyer in your area, complete our free online DUI case evaluation form or call 877-421-3761.