Getting pulled over and asked to take a breathalyzer test can be stressful, especially if the result isn’t in your favor. But a high reading doesn’t always mean a conviction. Breathalyzers are not infallible, and several factors can lead to inaccurate results. Machine errors, improper testing procedures, and even certain medical conditions can all impact the outcome. If you’ve been charged with a DUI, it’s important to know that breathalyzer results can be challenged. A closer look at the details may reveal weaknesses in the case against you.
How Breathalyzer Tests Work
A breathalyzer estimates blood alcohol content (BAC) by measuring alcohol levels in a person’s breath. When you exhale, the device detects ethanol molecules and converts that data into a BAC reading. Law enforcement officers use these tests because they provide quick results, but they don’t directly measure blood alcohol levels—only an estimate based on breath.
To ensure accuracy, breathalyzers require proper calibration and must be administered correctly. However, several factors can interfere with readings, including residual mouth alcohol, medical conditions, and even environmental influences. Understanding how these tests function can help identify possible errors in the results.
Common Issues with Breathalyzer Accuracy
Breathalyzer tests are widely used in DUI cases, but they are not always reliable. Several factors can lead to inaccurate results, potentially giving a false impression of intoxication.
- Improper calibration and maintenance – Breathalyzers must be regularly calibrated to function correctly. A device that hasn’t been maintained properly can produce skewed readings.
- Officer error – Administering the test requires specific procedures. If the officer skips a step or misuses the device, the results may be unreliable.
- Medical conditions and diet – Acid reflux, diabetes, and low-carb diets can cause breath alcohol readings that do not reflect actual intoxication.
- Mouth alcohol and residue – Mouthwash, cough syrup, and even burping before the test can leave traces of alcohol in the mouth, leading to artificially high BAC readings.
- Environmental factors – Certain chemicals, including paint fumes and gasoline vapors, can interfere with breathalyzer sensors and produce inaccurate results.
Legal Strategies to Challenge Breathalyzer Results
A breathalyzer reading is not always dependable evidence in a DUI case. There are several ways to challenge the results and raise doubts about their accuracy. If the breathalyzer test was improperly conducted or the machine was not maintained correctly, we can argue that the results should not be used against you.
- Questioning calibration and maintenance records – Breathalyzers require regular maintenance and calibration. We can request the device’s maintenance logs to check for lapses. If the machine was not calibrated correctly, the BAC reading may be inaccurate.
- Challenging officer training and procedures – Officers must follow strict protocols when administering a breath test. If they failed to observe the required waiting period or misused the device, we can argue that the test results should be thrown out.
- Presenting alternative explanations – Certain medical conditions, dietary habits, or even medications can cause misleading BAC readings. We can provide medical evidence to explain why your test result was inaccurate.
- Raising constitutional issues – If the officer lacked probable cause to stop you or failed to follow proper legal procedures before administering the test, we may be able to challenge the admissibility of the results.
A flawed breathalyzer reading does not mean an automatic DUI conviction. There are many ways to fight back.
What Happens If Breathalyzer Results Are Challenged Successfully?
If we successfully challenge your breathalyzer results, the prosecution may struggle to prove intoxication. Without a valid BAC reading, the case often relies on other evidence, such as field sobriety tests or the officer’s observations—both of which can be subjective. In some situations, charges may be reduced to a lesser offense or dismissed entirely.
Even if the case proceeds, weakening the breathalyzer evidence can create doubt, making it harder for the prosecution to meet its burden of proof. Challenging the results doesn’t guarantee a dismissal, but it can significantly improve your chances of a better outcome.
Contact an Experienced Orlando DUI Defense Attorney
A breathalyzer result is not the final word in a DUI case. These tests are not always accurate, and there are ways to challenge them. At Central Justice, we know how to spot errors and build a strong defense. If you’re facing DUI charges, contact us today to discuss your options and protect your future.
