Flaws With Breathalyzers

What is A Breathalyzer?

Breath alcohol analyzers, commonly called ‘breathalyzers’, are devices used to estimate blood alcohol content (BAC) from breath samples. These instruments are often used by law enforcement officers in the United States when they have stopped a driver who they believe has been driving a motor vehicle while under the influence of alcohol and/or drugs. Breathalyzers estimate BAC by measuring the amount of alcohol in one's breath. Although these devices are generally accurate, there are a number of calibration, administration and outside influences that can produce inaccurate results.

Myths Concerning Breathalyzers

The following information will attempt to dispel some popular, although incorrect, information surrounding the use of breathalyzers and their connection to arrest and conviction for Driving Under the Influence (DUI) also called Driving While Intoxicated (DWI).

• Myth: Sucking on a penny lowers BAC readings

Truth: Sucking on a penny or any other copper has absolutely no effect on BAC readings

• Myth: Breathalyzer testing will clear suspicion of DUI from diabetics suffering from hypoglycemia, whose slurred speech, disorientation, staggering walk, drowsiness, poor motor control and flushed face cause them to fail field sobriety testing

Truth: Hypoglycemia causes acetone in one’s breath, which breathalyzers interpret as BAC. Approximately one out of seven drivers is diabetic and at increased risk for false arrest and conviction of DUI

• Myth: Police officers cannot influence the BAC reading from a breathalyzer

Truth: A study out of the University of Washington showed that breathing patterns can radically influence the accuracy of a breathalyzer. Law enforcement officers are familiar with this study and can and do influence BAC readings using this information.

• Myth: Cigarette smokers register the same BAC on breathalyzers as non-smokers

Truth: Acetaldehyde, a compound found in the breath of smokers, is falsely recorded as alcohol by breathalyzers. Thus, people who smoke are more likely to have falsely high readings than non-smokers. One more reason to stop smoking!

Breathalyzer Error

Breathalyzer tests are, at best, an imperfect tool for determining an individuals actual BAC. They are, in reality, blood alcohol content estimators. Since they are simply a machine, they are subject to operator (law enforcement) error or improper training, coding irregularities, outside influences such as ambient temperature, as well as the following:

• Breathalyzer results are based on a height, weight and health of the “average person”, who really does not exist. If your measurements differ significantly from the norm, your breathalyzer-measured BAC may very well be incorrect

• Certain non-intoxicating substances, such as mouth wash strips, often cause breathalyzers to register incorrectly high BAC levels. Exposure by the suspect to paints or solvents may lead to incorrect readings. Readings may also be adversely impacted by interference with the breathalyzer from other electronic devices

• As noted above, diabetics and smokers, as well as some people with periodontal problems, may show incorrectly high BAC levels

Breathalyzer Results in Court

In addition to being properly trained on administering breath analysis by a breathalyzer for DUI convictions, there are many steps required for the readout from the machine to be considered accurate. Finding a missed or inaccurate step is often a simple way for a trained DUI defense attorney to have this data removed as evidence from a DUI trial.

If you can prove that you were not driving under the influence despite registering a BAC of .08% or more, you may avoid conviction of DUI. This is where the services of a highly-educated DWI defense attorney will prove invaluable to you. He will have the experience to challenge breathalyzer tests that may have a 20-30 percent margin of error!

However, the converse is also true. If the state can prove that you were impaired despite registering a BAC below .08%, you may be convicted of DUI. Again, this is why you need to hire the best possible DUI lawyer that you can.

If you are facing a DUI charge, please take a moment fill out our secure free legal evaluation form and one of our DUI attorneys will contact you immediately. Or call us toll free at 800-798-8384. Your information will remain confidential.